Confessions

Question 1

Miranda warnings: when required?

Answer 1

custodial interrogation

Question 2

Miranda warnings: when required, what info must suspect be given?

Answer 2

1) right to remain silent
2) anything you say can be used against you in court
3) you have the right to an attorney
4) if you can’t afford an atty, one will be appointed for you if you so desire

Question 3

Miranda warnings: must they be verbatim?

Answer 3

no, so long as the substance of the warnings is conveyed

Question 4

What amendment is Miranda under?

Answer 4

5th A right against compelled self-incrimination

Question 5

When will statements by person in custody be admissible?

Answer 5

When given Miranda warning BEFORE interrogation

Question 6

When are statements from Miranda violations still admissible?

Answer 6

For impeachment of D

Fruit of poisonous tree UNLESS police acted in bad faith

Question 7

Miranda warnings: You’re in custody if…

Answer 7

at the time of the interrogation, a reasonable person would not feel free to leave (objective standard)

if not deprived of freedom of movement in some way, not custody

Question 8

Miranda warnings: When making custody determination, court will determine whether…

Answer 8

the situation presents the same inherently coercive pressures as a station house questioning

Question 9

Miranda warnings: Custody: some examples of when “not free to leave”

Answer 9

police car
jail
in your home
in a hospital bed

Question 10

Miranda warnings: Custody: what are NOT custodial?

Answer 10

probation interviews

routine traffic stops

police can Q w/o Miranda warnings!

Question 11

Miranda warnings: What is interrogation?

Answer 11

any conduct where the police knew or should have known that they might ELICIT an INCRIMINATING RESPONSE from the suspect

Question 12

Miranda warnings: What’s a spontaneous statement and what is necessary before spontaneous statements?

Answer 12

Statement not offered in response to interrogation

Nothing. Miranda warnings not required for admissibility.

Question 13

Miranda waiver must be…

Answer 13

knowing and voluntary

Question 14

What test will courts employ when determining whether a Miranda waiver was knowing and voluntary?

Answer 14

totality of circumstance

Question 15

Miranda: Invoking the right to silence must be…

Answer 15

unambiguous

Question 16

Miranda: What must police do once you invoke your right to silence?

Answer 16

must honor your right by not badgering you

Question 17

Miranda: When can police reinstate questioning after the D invoked right to silence?

Answer 17

1) after they wait a significant amount of time
2) D is RE-Mirandized, and
3) questions are limited to a crime that was NOT subject of earlier questioning

Question 18

Miranda: Request to counsel can be invoked only by…

Answer 18

unambiguous request

Question 19

Miranda: If accused invokes right to counsel, what must police do?

Answer 19

questions must cease UNTIL

1) the accused is given an atty

OR

2) accused initiates further questioning (waiving right)

Question 20

Miranda: After accused invokes right to counsel, when can police come back and ask D to waive Miranda rights?

Answer 20

If there’s a break in custody of 14 days

Question 21

What’s the consequence of a Miranda violation for incriminating statements?

Answer 21

NOT ADMISSIBLE in prosecution’s case in chief

BUT may be introduced to impeach credibility of D’s trial testimony