Confessions Flashcards
What is an interrogation?
cop knows or should know they might elicit incriminating response from D
Reinitiating question after invoking right to silence, when is it okay?
If they wait significant amount of time, D is re-mirandized and questioning is not the subject of earlier questioning
What are the rules after asking for lawyer?
Must stop questioning unless lawyer is present OR D reinitiates, OR wait 14 days after letting them loose.
IF YOU ARE APPOINTED COUNSEL (at prelim hearing) but don’t ask for it, after the hearing cops can ask you to waive right to counsel since you never technically asked for it
When do you have right to counsel present at lineups? What happens if there is an unduly suggestive identification?
Only have right to have counsel present AFTER charges. If it is unduly suggestive: exclude in-court identification UNLESS prosecutors can show there was INDEPENDENT SOURCE of identification
Grand juries:
are secret, can bring in illegally seized evidence, D has no right to appear or present witnesses
When can failure to give evidence reverse decision?
If it is favorable and there’s reasonable probability that result would have been different with evidence
when do you have right to jury trial?
If maximum authorized sentence is MORE THAN 6 months
Jurors:
Minimum = 6, must be unanimous. if you have more like 12, 9 to 3 can be upheld
Right to counsel when does counsel have to be there?
for all critical stages of the prosecution
Ineffective counsel:
must be so deficient there is a reasonable probability the outcome would be different, must specify SPECIFIC ERRORS
when is it okay to NOT have face-to-face confrontation with witnesses?
If it serves important public purpose and reliability of witness testimony is assured
what does judge have to ask D about after a guilty plea?
Nature of the charge, the maximum penalty, any mandatory minimum, tell D of his right to demand trial by jury, all of this must be on the record
Double jeopardy for lesser included offenses, what’s the rule?
You can’t be tried for lesser included offenses (Robbery has larceny and assault attached, if tried for robbery, can’t later again be tried for assault or larceny) and vice versa) UNLESS there is a battery and that guy later dies from the injuries
choosing to remain silent, can prosecutors point this out?
NO can’t say “notice how he didn’t take the stand” UNLESS a suspect chooses to remain silent before being mirandized that can be noted
Failure to mirandize consequence:
as long as failure was not purposeful may not be sufficient to justify excluding nontestimonial “fruits” of a confession
