Confessions

Question 1

When will a confession be overturned as involuntary under 14A?

Answer 1

1. Must be official compulsion (e.g. not a product of mental disease)
2. Government must be unable to show that it was harmless error beyond a reasonable doubt

Question 2

When does the 6A right to counsel apply?

Answer 2

All critical stages of a criminal prosecution after formal proceedings have begun

Only cases where adversary judicial proceedings have begun (i.e. formal charges have been filed).

Does NOT apply in pre-charge custodial interrogations.

Question 3

What are “different offenses” for which the defendant must make a separate request for counsel under 6A?

Answer 3

If each requires proof of an additional element that the other crime does not require

Question 4

Rules regarding waiver of 6A right to counsel

Answer 4

1. Must be knowing and voluntary (gov must show by preponderance of evidence)
2. Does not require presence of counsel, at least if counsel was appointed by the court as opposed to requested by ∆

Question 5

Remedy for failure to provide counsel under 6A

Answer 5

At trial: automatic reversal of conviction, even without any showing of unfairness in proceedings

Non-trial proceedings: harmless error rule

Question 6

When may a statement obtained in violation of ∆’s 6A right to counsel be admissible?

Answer 6

NOT admissible in prosecution’s case-in-chief, but admissible to impeach ∆’s contrary trial testimony

Question 7

Constitutional basis for Miranda

Answer 7

5A privilege against compelled self-incrimination

Applicable to states thru 14A

Question 8

Prerequisites to the admissibility of any statement made by the accused during custodial interrogation

Answer 8

Miranda warnings + valid waiver

Question 9

List the Miranda warnings

Answer 9

1. He has the right to remain silent
2. Anything he says can be used against him in court
3. He has the right to the presence of an attorney
4. If he can’t afford an attorney, one will be appointed for him if he desires

*need not be verbatim, as long as substance is there

Question 10

When are Miranda warnings required? (Generally)

Answer 10

Applies to anyone in police custody and accused of crime

Prior to interrogation by police

Need not be given again after a break in interrogation unless time lapse has been so long that failure to do so would seem like an attempt to take advantage of suspect’s ignorance o frights

Question 11

5A implications of psychiatric interview of ∆ who was not warned of right to remain silent

Answer 11

5A forbids admission as evidence

But, admission may constitute harmless error

Question 12

Encounters with police that are exempt from Miranda requirements

Answer 12

1. Probationer meeting with probation officer that is not compelled or involuntary, despite obligation to periodically report and be truthful in all matters
2. Witness testifying at grand jury, even under compulsion of subpoena; may consult with attorney outside grand jury room but no right to have attorney present during questioning

Question 13

Miranda – test for whether custody exists

Answer 13

1. Whether reasonable person under circumstances would feel that he was free to terminate the interrogation and leave (objective test – whether person’s freedom of action is limited in significant way)

*Incarceration is not automatically custodial – use test

2. Whether the relevant environment presents the same inherently coercive pressures as the type of station house questioning in Miranda (long and involuntary)

Question 14

Miranda – situations where there is/isn’t an interrogation

Answer 14

1. Express questioning
2. Words or actions on part of police that police should know are reasonably likely to elicit incriminating response from suspect
3. NOT for spontaneous statements, BUT must give warnings for followup questioning
4. NOT for routine booking questions

Question 15

Detainee’s options after receiving Miranda warnings

Answer 15

1. do nothing
2. waive Miranda rights
3. assert right to remain silent
4. assert right to consult w/ attorney

Question 16

Rules for detainee’s right to remain silent under Miranda

Answer 16

1. Detainee may indicate that he wishes to remain silent at any time
2. Indication must be explicit, unambiguous, and unequivocal (failure to answer is insufficient)
3. If detainee indicates, all questioning related to a particular crime must stop
4. Police may resume questioning after invocation of rights as long as they “scrupulously honor” detainee’s request

Question 17

What is required for police to reinitiate questioning after detainee invokes Miranda right to remain silent?

Answer 17

Must “scrupulously honor” detainee’s request. Requires:

1. Police must immediately cease questioning upon request and not resume questioning for several hours
2. Must rewarn detainee of his rights
3. Questioning must be limited to crime that was NOT the subject ot earlier questioning

Question 18

What happens when a detainee invokes right to counsel under Miranda?

Answer 18

All questioning (about any crime) must cease until detainee is provided with an attorney or initiates further questioning himself

If detainee waives right to counsel after invoking the right, he initiates resumption of questioning

Question 19

Difference between 6A right to counsel and 5A right to counsel

Answer 19

6A right attaches only after formal proceedings have begun, and the right is “offense-specific”

5A right can be invoked at any time prior to or during interrogation, and the right prevents all questioning

Question 20

How must a 5A request for counsel be invoked?

Answer 20

By unambiguous request for counsel in dealing with custodial interrogation

Requests must be sufficiently clear that a reasonable police officer in the same situation would understand the statement to be a request for counsel

Question 21

After a 5A right to counsel is invoked, can subsequent questions or responses be used to cast doubt on request?

Answer 21

Only if the request itself is ambiguous

If it is, police can ask clarifying questions but are not required to do so; if not, must stop interrogating immediately

Question 22

Duration of prohibition against questioning a detainee after he requests an attorney under 5A

Answer 22

Entire time detainee is in custody for interrogation purposes + 14 more days after detainee returns to his normal life

Question 23

If the police reinitiate questioning after ∆ has invoked 5A right to counsel, when are the statements admissible?

Answer 23

May NOT be used in prosecution’s case-in-chief

May NOT be used to impeach trial testimony of witnesses other than detainee

MAY be used to impeach detainee’s trial testimony ONLY IF detainee voluntarily and intelligently waived his right to counsel (if involuntary, inadmissible for any purpose)

Question 24

What happens if the police obtain a confession from a detainee without giving him Miranda warnings, but then give the Miranda warnings and obtain a subsequent confession?

Answer 24

If this nature of questioning was intentional –> inadmissible

If original unwarned questioning seemed unplanned and failure to give warnings seemed inadvertent –> may be admissible

Question 25

What happens if police fail to give Miranda warnings and during an interrogation a detainee gives info that leads to nontestimonial evidence?

Answer 25

Suppressed if failure was purposeful

Probably not suppressed if failure not purposeful

Question 26

What is the public safety exception to Miranda?

Answer 26

If police interrogation is reasonably prompted by concern for public safety, responses may be used in court even if Miranda warnings are not given