Confessions Flashcards
what fed const challenges can keep confessions out of court?
- 14th Am - due process = INVOLUNTARY confession by police coercion
- 6th Am - right to counsel
- 5th Am - Miranda
what NY const challenges can keep confessions out of court?
indelible right to counsel (NY 6th am)
Four elements of right to counsel under 6th Am
- after formal charges filed,
- applies to key situations, e.g., interrogation, arraignment, etc.
- applies only to existing charges against you,
- applies only to statements that are deliberately elicited w/o D voluntarily, knowingly waiving counsel
NY INDELIBLE RIGHT TO COUNSEL gives greater protection than 6th Am - how
- applies not only at formal charging, but also when there’s significant judicial activity pre-charging s.t. D can benefit from lawyer. So cops can’t question D pre-charging when they know he has attorney for that subject matter.
- If D has counsel, D can only waive right to counsel in attorney’s presence
Miranda rights are implied rights that come from 5th Am. 4 core Miranda warnings:
- remain silent
- can and will be used against you
- right to attorney
- if you can’t afford one, one will be appointed for you
2 core requirements for when Miranda applies
- CUSTODIAL - NOT LOCATION DEPENDENT interrogation is custodial if area is dominated by cops so your FREEDOM OF ACTION IS LIMITED IN A SIGNIFICANT WAY.
- INTERROGATION - any conduct cops knew or should’ve known would likely elicit criminal response (doesn’t count if D thinks he’s talking to a friend)
does miranda apply to spontaneous statements?
no
miranda applies to police coercion: 2 examples - 1 unexpectedly counts, the other unexpectedly doesn’t count
- counts: 4AM in D’s bedroom
2. doesn’t count: in jail, but talking to cop as friend in jail cell
exception to need miranda warnings:
if interrogation prompted by immediate concern for public safety – any criminal statements admissible
2 things req’d before valid, admissible police interrogation
- reasonably convey miranda rights (needn’t be verbatim)
2. obtain valid waiver of miranda rights
what makes miranda waiver valid: 2 things
- knowing, intelligent waiver (D understands nature of rights and consequences of abandoning them)
- voluntary waiver (not coerced)
NY miranda parent/child rule
if police use deception or concealment to keep parent from child who’s being interrogated, WAIVER OF MIRANDA BY CHILD IS INVALID
Miranda waiver has to be express?
No. It can be implied by D talking to cops uncoerced.
who has to prove miranda waiver? standard of proof?
P must prove by preponderance of evidence
if lawyer calls station and says “let me know if my client comes in,” can miranda waiver w/o giving client info re lawyer be upheld?
yup. miranda waiver just requires willing, knowing, uncoerced
how to invoke miranda?
UNAMBIGUOUSLY.
can cops badger someone after D invokes miranda?
no. must wait a while and then get waiver
if D invokes right to counsel, it’s a CORNERSTONE of constitution. Once suspect asks for counsel, interrogation must cease unless _______
re-initiated by suspect
unlike 6th Am, 5th amendment right to counsel is….
not offense-specific
how long does right to counsel stay in place after invoked?
14 days after suspect’s release. after that, you can get miranda waiver from suspect.
statements obtained in violation of miranda are inadmissible in P’s case in chief, but…
they can be used to impeach D’s testimony on cross (but not testimony of 3rd P Ws)
does failure to give miranda warnings make physical items acquired on the basis thereof fruit of the forbidden tree?
the items are admissible unless the confession was involuntary. PHYSICAL FRUIT COMES IN.
if miranda-violative testimony was improperly admitted at trial, does that vacate guilty verdict? when and when not?
doesn’t vacate if it’s HARMLESS ERROR.
when is 6th Am right to counsel inapplicable? e.g.?
blood sampling, handwriting or voice exemplars, lineups, photos, prelim hearings to determine PC to detain, MINOR SHIT WHERE LAWYER COULDN’T HELP
If charged with car theft and you have lawyer, 6th Am protects you if cops want to talk about murder?
no. 6th am right is offense-specific.
6th amendment provides for counsel for….
“to have the Assistance of Counsel for his defence”
miranda applies to subpoenaed grand jury witness?
no
if D invokes right to remain silent for carjacking, cops can ask him about other crimes?
yes, if unrelated
In additional to federal factors, under NY law, the following two factors are considered in determining voluntariness of confessions:
- length of interrogation
2. length of custody
