Confessions

Question 1

Four requirements of Miranda?

Answer 1

Right to remain silent

Anything you say can be used against you in court

You have the right to an attorney; and

If you can’t afford an attorney, one will be appointed for you if you so desire.

Question 2

What is the trigger for Miranda?

Answer 2

Custodial interrogation

Question 3

What is the standard for whether someone is in custody?

Answer 3

A reasonable person would not feel free to leave

Question 4

In determining whether someone was in “custody,” a court will consider whether the situation presents the same ____ ___ ____ as station house questioning.

Answer 4

Inherently coercive pressures

Question 5

Probation interviews custodial?

Answer 5

No

Question 6

Traffic stops custodial?

Answer 6

No

Question 7

Under the 5th Amendment Miranda doctrine, interrogation is defined as any conduct where the police knew or should have known that they might . . .

Answer 7

Elicit an incriminating response from the suspect.

Question 8

Miranda warnings are not required prior to the admissibility of this type of statement.

Answer 8

Spontaneous.

Question 9

A Miranda waiver must have what two elements?

Answer 9

Knowing

Voluntary

Question 10

When determining whether a Miranda waiver was knowing and voluntary, a court will employ what test?

Answer 10

Totality of the circumstances

Question 11

If you wish to invoke your right to remain silent, it must be ______.

Answer 11

Unambiguous.

Question 12

When can police reinitiate questioning after the Defendant has invoked his right to remain silent? (3)

Answer 12

They have waited a significant amount of time

The D is re-Mirandized

Questions are limited to a crime that was not the subject of the earlier questioning.

Question 13

What must be true of the request for counsel?

Answer 13

Unambiguous

Question 14

If the accused invokes his right to counsel, all questions must cease until one of the following two are true. . .

Answer 14

The accused is given an atty; OR

The accused initiates further questioning

Question 15

If there is a break in custody, the police can come back and ask D to waive his Miranda rights after how long?

Answer 15

14 days

Question 16

Charlie is detained and Mirandized. He remains silent for 2 hours when blurts out, I know where the murder weapon is. Police continue to question Charlie, then he says, “Maybe I should get a lawyer now.” Police ignore this and continue to question him. He eventually confesses to the killing? Which statements admitted, which denied?

Answer 16

Both admitted. Request for counsel was not unambiguous.

Question 17

What is the difference between 5th and 6th Amendment right to counsel?

Answer 17

5th arises when a suspect invokes his Miranda rights and request an attorney. Not offense specific.

6th is offense specific, meaning counsel would only be needed if D were being asked questions about the specific case for which D has retained counsel.

Question 18

When a D has not specifically requested counsel but have been given appointed counsel, the police can come back and ask D to waive which rights and talk to them about what?

Answer 18

6th

Talk to them about the crime for which he was charged.