Confessions Flashcards
Miranda warnings: when required?
custodial interrogation
Miranda warnings: when required, what info must suspect be given?
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
Miranda warnings: must they be verbatim?
no, so long as the substance of the warnings is conveyed
What amendment is Miranda under?
5th A right against compelled self-incrimination
When will statements by person in custody be admissible?
When given Miranda warning BEFORE interrogation
When are statements from Miranda violations still admissible?
For impeachment of D
Fruit of poisonous tree UNLESS police acted in bad faith
Miranda warnings: You’re in custody if…
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
Miranda warnings: When making custody determination, court will determine whether…
the situation presents the same inherently coercive pressures as a station house questioning
Miranda warnings: Custody: some examples of when “not free to leave”
police car
jail
in your home
in a hospital bed
Miranda warnings: Custody: what are NOT custodial?
probation interviews
routine traffic stops
police can Q w/o Miranda warnings!
Miranda warnings: What is interrogation?
any conduct where the police knew or should have known that they might ELICIT an INCRIMINATING RESPONSE from the suspect
Miranda warnings: What’s a spontaneous statement and what is necessary before spontaneous statements?
Statement not offered in response to interrogation
Nothing. Miranda warnings not required for admissibility.
Miranda waiver must be…
knowing and voluntary
What test will courts employ when determining whether a Miranda waiver was knowing and voluntary?
totality of circumstance
Miranda: Invoking the right to silence must be…
unambiguous
Miranda: What must police do once you invoke your right to silence?
must honor your right by not badgering you
Miranda: When can police reinstate questioning after the D invoked right to silence?
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
Miranda: Request to counsel can be invoked only by…
unambiguous request
Miranda: If accused invokes right to counsel, what must police do?
questions must cease UNTIL
1) the accused is given an atty
OR
2) accused initiates further questioning (waiving right)
Miranda: After accused invokes right to counsel, when can police come back and ask D to waive Miranda rights?
If there’s a break in custody of 14 days
What’s the consequence of a Miranda violation for incriminating statements?
NOT ADMISSIBLE in prosecution’s case in chief
BUT may be introduced to impeach credibility of D’s trial testimony
