Confessions

Question 1

Confessions

Answer 1

Must be voluntary in totality of circumstances

Harmless error test applies to involuntary confessions admitted into evidence.

Question 2

Triggering for Miranda Warnings

Answer 2

Custodial Interrogation

Question 3

Custodial Interrogation (Custody)

Answer 3

At time of interrogation, you are not free to leave, covers being in police car, jail or in your home or in a hospital bed.

OBJECTIVE STANDARD/TOTALITY OF CIRCUMSTANCES

Question 4

Custodial Interrogation (Interrogation)

Answer 4

Any conduct where police knew/should know that conversation might illicit incriminating response from suspect.

No prior Miranda necessary for spontaneous statements

Question 5

Invocations of Miranda

Answer 5

MUST BE UNAMBIGUOUS

Question 6

Invocation of Silence

Answer 6

Police may reinitate questions after defendant has invoked right if:

They wait a significant amount of time
Defendant is Re-Mirandiezed
Questions Not Subject to Earlier Interrogation.

Question 7

Invocation of Attorney

Answer 7

All questions must cease until

defendant is given an attorney OR
defendant initiates further questioning

Question 8

Miranda Waiver

Answer 8

Based on totality of circumstances the waiver was KNOWINGLY, VOLUNTARY, INTELLIGENT