Confessions

Question 1

what fed const challenges can keep confessions out of court?

Answer 1

1. 14th Am - due process = INVOLUNTARY confession by police coercion
2. 6th Am - right to counsel
3. 5th Am - Miranda

Question 2

what NY const challenges can keep confessions out of court?

Answer 2

indelible right to counsel (NY 6th am)

Question 3

Four elements of right to counsel under 6th Am

Answer 3

1. after formal charges filed,
2. applies to key situations, e.g., interrogation, arraignment, etc.
3. applies only to existing charges against you,
4. applies only to statements that are deliberately elicited w/o D voluntarily, knowingly waiving counsel

Question 4

NY INDELIBLE RIGHT TO COUNSEL gives greater protection than 6th Am - how

Answer 4

1. 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.
2. If D has counsel, D can only waive right to counsel in attorney’s presence

Question 5

Miranda rights are implied rights that come from 5th Am. 4 core Miranda warnings:

Answer 5

1. remain silent
2. can and will be used against you
3. right to attorney
4. if you can’t afford one, one will be appointed for you

Question 6

2 core requirements for when Miranda applies

Answer 6

1. CUSTODIAL - NOT LOCATION DEPENDENT interrogation is custodial if area is dominated by cops so your FREEDOM OF ACTION IS LIMITED IN A SIGNIFICANT WAY.
2. 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)

Question 7

does miranda apply to spontaneous statements?

Answer 7

no

Question 8

miranda applies to police coercion: 2 examples - 1 unexpectedly counts, the other unexpectedly doesn’t count

Answer 8

1. counts: 4AM in D’s bedroom

2. doesn’t count: in jail, but talking to cop as friend in jail cell

Question 9

exception to need miranda warnings:

Answer 9

if interrogation prompted by immediate concern for public safety – any criminal statements admissible

Question 10

2 things req’d before valid, admissible police interrogation

Answer 10

1. reasonably convey miranda rights (needn’t be verbatim)

2. obtain valid waiver of miranda rights

Question 11

what makes miranda waiver valid: 2 things

Answer 11

1. knowing, intelligent waiver (D understands nature of rights and consequences of abandoning them)
2. voluntary waiver (not coerced)

Question 12

NY miranda parent/child rule

Answer 12

if police use deception or concealment to keep parent from child who’s being interrogated, WAIVER OF MIRANDA BY CHILD IS INVALID

Question 13

Miranda waiver has to be express?

Answer 13

No. It can be implied by D talking to cops uncoerced.

Question 14

who has to prove miranda waiver? standard of proof?

Answer 14

P must prove by preponderance of evidence

Question 15

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?

Answer 15

yup. miranda waiver just requires willing, knowing, uncoerced

Question 16

how to invoke miranda?

Answer 16

UNAMBIGUOUSLY.

Question 17

can cops badger someone after D invokes miranda?

Answer 17

no. must wait a while and then get waiver

Question 18

if D invokes right to counsel, it’s a CORNERSTONE of constitution. Once suspect asks for counsel, interrogation must cease unless _______

Answer 18

re-initiated by suspect

Question 19

unlike 6th Am, 5th amendment right to counsel is….

Answer 19

not offense-specific

Question 20

how long does right to counsel stay in place after invoked?

Answer 20

14 days after suspect’s release. after that, you can get miranda waiver from suspect.

Question 21

statements obtained in violation of miranda are inadmissible in P’s case in chief, but…

Answer 21

they can be used to impeach D’s testimony on cross (but not testimony of 3rd P Ws)

Question 22

does failure to give miranda warnings make physical items acquired on the basis thereof fruit of the forbidden tree?

Answer 22

the items are admissible unless the confession was involuntary. PHYSICAL FRUIT COMES IN.

Question 23

if miranda-violative testimony was improperly admitted at trial, does that vacate guilty verdict? when and when not?

Answer 23

doesn’t vacate if it’s HARMLESS ERROR.

Question 24

when is 6th Am right to counsel inapplicable? e.g.?

Answer 24

blood sampling, handwriting or voice exemplars, lineups, photos, prelim hearings to determine PC to detain, MINOR SHIT WHERE LAWYER COULDN’T HELP

Question 25

If charged with car theft and you have lawyer, 6th Am protects you if cops want to talk about murder?

Answer 25

no. 6th am right is offense-specific.

Question 26

6th amendment provides for counsel for….

Answer 26

“to have the Assistance of Counsel for his defence”

Question 27

miranda applies to subpoenaed grand jury witness?

Answer 27

no

Question 28

if D invokes right to remain silent for carjacking, cops can ask him about other crimes?

Answer 28

yes, if unrelated

Question 29

In additional to federal factors, under NY law, the following two factors are considered in determining voluntariness of confessions:

Answer 29

1. length of interrogation

2. length of custody