Confessions

Question 1

Miranda Warnings-required information

Answer 1

a-you have a right to remain silent
b-anything you say can be used against you in court
c-you have the right to an attorney
d-if you can’t afford an attorney, one will be appointed for you if you so desire

Question 2

Miranda Warnings conveyance

Answer 2

the warnings need not be verbatim so long as the substance of the warnings is conveyed

Question 3

Miranda Warnings trigger

Answer 3

custodial interrogation
a-Custody
1-legal standard for custody: you’re in custody if, at the time of the interrogation, a reasonable person would not feel free to leave
a-in making this determination, a court will determine whether the situation presents the same inherently coercive pressures as a station house questioning
b-the “not free to leave” standard covers being in a police car or being in jail, but you could also be in your home or in a hospital bed
2-in 1984, the supreme court said that probation interviews and routine traffic stops are not custodial
b-Interrogation
1-under the 5th amendment Miranda doctrine, interrogation is defined as any conduct where the police knew or should have known that they might illicit an incriminating response from the suspect
2-Miranda warnings are not required prior to the admissibility of what’s known as a spontaneous statement

Question 4

Miranda Waiver

Answer 4

a-a Miranda waiver must be knowing and voluntary

b-courts will employ a totality of circumstances test in making this determination

Question 5

Invoking Miranda Rights

Answer 5

a-invoking the right to remain silent
1-invoking the right to silence must be unambiguous
2-the police may reinitiate questioning after D has invoked the right to silence if they wait a significant amount of time, D is re-mirandized, and the questions are limited to a crime that was not the subject of the earlier questioning
b-invoking the right to counsel
1-the request for counsel can be invoked only by an unambiguous request
2-if the accused invokes his right to counsel, all questions must cease until 1-the accused is given an attorney or 2-the accused initiates further questioning
3-however, if there is a break in “custody” the police can come back and ask D to waive his Miranda rights after 14 days

Question 6

5th Amendment Right to Counsel vs. 6th Amendment Right to Counsel

Answer 6

1-the court created 5th amendment right to counsel arises when a suspect invokes his Miranda rights and requests an attorney
2-the 5th amendment right to counsel is NOT offense specific and thus applies to the entire process of custodial interrogation
3-conversely, the 6th amendment right to counsel IS offense specific, meaning counsel would only need to be present if the D were being asked questions about the specific offense for which the D has retained counsel
4-NOTE-in 2009, the supreme court held that when a D has not specifically requested counsel, and has merely been given appointed counsel, the police can come back and ask D to waive his 6th amendment right to counsel and talk to them about the crime for which he was charged