Confessions

Question 1

Fourteenth Amendment

Answer 1

For self incriminating statement to be admissible under the Due Process Clause, it must be voluntary, as determined by the totality of the circumstances.

• Involuntary if official compulsion
• NOT involuntary merely because it is a product of mental illness
• IF involuntary confession is admitted into evidence, harmless error test applies

Question 2

Sixth Amendment Right to Counsel

Answer 2

includes all critical stages of a prosecution after judicial proceedings have begun (formal charges have been filed)

It also prohibits the police from deliberately eliciting an incriminating statement from a defendant outside the presence of counsel after the defendant has be charged unless he has waived his right to counsel (different from 5th Amendment right to counsel before formal proceedings)

Question 3

Fifth Amendment Privilege Against Compelled Self-Incrimination: Miranda Warnings

Answer 3

For admission/confession to be admissible under the Fifth Amendment privilege against self-incrimination, a person in custody must, prior to interrogation, be informed, in substance, that:

1. He has the right to remain silent
2. Anything he says can be used against him in court.
3. He has the right to presence of an attorney;
4. If he cannot afford an attorney, one will be appointed for him if he so desires.

Question 4

Exam Tip

Answer 4

Failure to give warnings violates a defendants Fifth amendment right to be free from compelled self incrimination, not his Sixth Amendment right to counsel. Thus, do not be fooled by an answer choice that states such a failure is a violation of defendant’s Sixth Amendment rights.

Question 5

When Miranda Warnings are Required

Answer 5

Must be given Miranda warnings prior to interrogation by the police when:

1. In custody
2. under interrogation

Question 6

Miranda Warnings Required When: Custody

Answer 6

Whether the person’s freedom of action is limited in a significant way based on the objective circumstances (arrest not a traffic stop)

Question 7

Miranda Warnings Required When: Interrogation

Answer 7

Any words or conduct by the police that they should know would likly elicit a response from the detainee (not required when detainee makes spontaneous statements)

Question 8

Effect of Failure to Give Miranda Warnings

Answer 8

Inadmissible at trial under the exclusionary rule
-Confession/Statement can be used for impeachment the defendants trial testimony but may not be used as evidence of guilt

Question 9

Waiver of Rights

Answer 9

Must be knowing and voluntary under the totality of the circumstances.

Question 10

Invocation of Right to Remain Silent

Answer 10

To be valid the invocation must be:

1. unambiguous
2. explicit
3. unequivocal

If detainee indicates that he wishes to remain silent the police must:

1.scrupulously honor this requires by not badgering the detainee.

Police may re-initiate questioning about a different crime IF:

1. fresh warnings are administered
2. reasonable time has passed

Question 11

Invocation of Right to Counsel (Fifth Amendment)

Answer 11

To be valid must defendant must:
1. unambiguously indicate that he wishes to speak to counsel (must be specific, expressly state)

If detainee invokes then:

1. All questioning must cease until counsel has been provided UNLESS
   a. Detainee then waives right to counsel
   b. is released from the custodial interrogation and 14 days have passed since release