Confessions Flashcards
Miranda Warnings
Must be given (1) right to remain SILENT, (2) anything you say can be USED against you in a court of law, (3) right to an ATTORNEY, (4) can’t afford an attorney, one will be appointed for you
Need not be verbatim, so long as substance of the warnings is conveyed
Triggered by “CUSTODIAL INTERROGATION”
Implicates Fifth Amendment privilege against compelled self incrimination
Custody
Considered in custody if, at the time of the interrogation, a reasonable person would not feel free to leave (objective)
Not necessarily in a police car or in jail. Could be in your home or a hospital bed so long as the court determines that the situation presents the SAME INHERENTLY COERCIVE PRESSURES as station house questioning
No custody, no need for Miranda warnings
Interrogation
Any words conduct by the police that they should know would LIKELY ELICIT A RESPONSE from the detainee.
No interrogation, no Miranda. Thus SPONTANEOUS STATEMENTS do not need Miranda
Routine booking questions DO NOT suffice for interrogation
Waiving Miranda
must be KNOWING and VOLUNTARY
Based on the TOTALITY OF THE CIRCUMSTANCES
Right to Remain Silent
If invoked, police must scrupulously honor this request by not badgering with questions.
Invoking the right must be EXPLICIT, UNAMBIGUOUS, and UNEQUIVOCAL
Questioning after Invoking Right to remain Silent
Police may reinitiate questioning if they wait a SIGNIFICANT amount of time, D is RE-MIRANDIZED, and questions are LIMITED TO A CRIME THAT WAS NOT THE SUBJECT OF THE EARLIER QUSTIONING
Right to Counsel
Request for counsel must be UNAMBIGUOUS
If invoked, ALL questioning must cease until: (1) counsel has been provided; (2) the accused initiates further questioning; OR (3) if no longer in “custody” (release into general prison population), police can come back and ask D to waive his Miranda rights after 14 DAYS
Effect of Miranda Violation
Generally inadmissible at trial under exclusionary rule
MAY be used to impeach D’s trial testimony, but not to show evidence of guilt
5th Amendment vs. 6th Amendment right to counsel
5th Amendment: when suspect invokes his Miranda Rights and requests an attorney. NOT OFFENSE SPECIFIC and thus applies to entire custodial police interrogation
6th Amendment: OFFENSE SPECIFIC, thus counsel would only need to be present if the D were being asked questions about the specific case for which D has retained counsel. If no formal charge, no right to attorney under 6th Amendment until proceedings on the charge have begun
Post-Charge Lineup
suspect has 6th Amendment right to presence of an attorney at a POST-charge lineup or showup.
NO right to counsel at photo identifications or when police take physical evidence (fingerprints, handwriting) from him
MBE: NO Fifth amendment right against lineups because there is no compulsion to give testimonial evidence. Cannot refuse to take part in lineup based on Fifth Amendment
No right to counsel when:
blood samples; handwriting samples; PRE-charge lineups; recess during D’s testimony at trial, fingerprints; Parole proceedings
Due Process and Identification
D can attack identification however as denying due process if it is UNNECESSARILY SUGGESTIVE and there is a SUBSTANTIAL LIKELIHOOD OF MISIDENTIFICATION (obvious)
Remedy for Unconstitutional identifications
exclusion of in-court identification, unless State can show it had an adequate INDEPENDENT SOURCE for that in-court identification (e.g. independent of the improper line-up, such as W observed D at the time of the crime, as well)
Joint Defendants unredacted confessions
When two defendants are tried together and one has given a confession that implicates the other, right of confrontation PROHIBITS the use of that statement, unless:
(1) all portions referring to the other D are eliminated;
(2) the confessing D takes the stand and subjects himself to cross; or
(3) the non-testifying co-defendant’s confession is being used to rebut the defendant’s claim that the defendant’s confession was obtained coercively
