Confessions Flashcards

1
Q

Four requirements of Miranda?

A

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.

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2
Q

What is the trigger for Miranda?

A

Custodial interrogation

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3
Q

What is the standard for whether someone is in custody?

A

A reasonable person would not feel free to leave

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4
Q

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

A

Inherently coercive pressures

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5
Q

Probation interviews custodial?

A

No

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6
Q

Traffic stops custodial?

A

No

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7
Q

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

A

Elicit an incriminating response from the suspect.

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8
Q

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

A

Spontaneous.

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9
Q

A Miranda waiver must have what two elements?

A

Knowing

Voluntary

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10
Q

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

A

Totality of the circumstances

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11
Q

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

A

Unambiguous.

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12
Q

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

A

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.

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13
Q

What must be true of the request for counsel?

A

Unambiguous

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14
Q

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

A

The accused is given an atty; OR

The accused initiates further questioning

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15
Q

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

A

14 days

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16
Q

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?

A

Both admitted. Request for counsel was not unambiguous.

17
Q

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

A

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.

18
Q

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?

A

6th

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