Confessions Flashcards
When will a confession be overturned as involuntary under 14A?
- Must be official compulsion (e.g. not a product of mental disease)
- Government must be unable to show that it was harmless error beyond a reasonable doubt
When does the 6A right to counsel apply?
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.
What are “different offenses” for which the defendant must make a separate request for counsel under 6A?
If each requires proof of an additional element that the other crime does not require
Rules regarding waiver of 6A right to counsel
- Must be knowing and voluntary (gov must show by preponderance of evidence)
- Does not require presence of counsel, at least if counsel was appointed by the court as opposed to requested by ∆
Remedy for failure to provide counsel under 6A
At trial: automatic reversal of conviction, even without any showing of unfairness in proceedings
Non-trial proceedings: harmless error rule
When may a statement obtained in violation of ∆’s 6A right to counsel be admissible?
NOT admissible in prosecution’s case-in-chief, but admissible to impeach ∆’s contrary trial testimony
Constitutional basis for Miranda
5A privilege against compelled self-incrimination
Applicable to states thru 14A
Prerequisites to the admissibility of any statement made by the accused during custodial interrogation
Miranda warnings + valid waiver
List the Miranda warnings
- He has the right to remain silent
- Anything he says can be used against him in court
- He has the right to the presence of an attorney
- 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
When are Miranda warnings required? (Generally)
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
5A implications of psychiatric interview of ∆ who was not warned of right to remain silent
5A forbids admission as evidence
But, admission may constitute harmless error
Encounters with police that are exempt from Miranda requirements
- Probationer meeting with probation officer that is not compelled or involuntary, despite obligation to periodically report and be truthful in all matters
- 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
Miranda – test for whether custody exists
- 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
- Whether the relevant environment presents the same inherently coercive pressures as the type of station house questioning in Miranda (long and involuntary)
Miranda – situations where there is/isn’t an interrogation
- Express questioning
- Words or actions on part of police that police should know are reasonably likely to elicit incriminating response from suspect
- NOT for spontaneous statements, BUT must give warnings for followup questioning
- NOT for routine booking questions
Detainee’s options after receiving Miranda warnings
- do nothing
- waive Miranda rights
- assert right to remain silent
- assert right to consult w/ attorney
Rules for detainee’s right to remain silent under Miranda
- Detainee may indicate that he wishes to remain silent at any time
- Indication must be explicit, unambiguous, and unequivocal (failure to answer is insufficient)
- If detainee indicates, all questioning related to a particular crime must stop
- Police may resume questioning after invocation of rights as long as they “scrupulously honor” detainee’s request
What is required for police to reinitiate questioning after detainee invokes Miranda right to remain silent?
Must “scrupulously honor” detainee’s request. Requires:
- Police must immediately cease questioning upon request and not resume questioning for several hours
- Must rewarn detainee of his rights
- Questioning must be limited to crime that was NOT the subject ot earlier questioning
What happens when a detainee invokes right to counsel under Miranda?
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
Difference between 6A right to counsel and 5A right to counsel
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
How must a 5A request for counsel be invoked?
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
After a 5A right to counsel is invoked, can subsequent questions or responses be used to cast doubt on request?
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
Duration of prohibition against questioning a detainee after he requests an attorney under 5A
Entire time detainee is in custody for interrogation purposes + 14 more days after detainee returns to his normal life
If the police reinitiate questioning after ∆ has invoked 5A right to counsel, when are the statements admissible?
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)
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?
If this nature of questioning was intentional –> inadmissible
If original unwarned questioning seemed unplanned and failure to give warnings seemed inadvertent –> may be admissible
What happens if police fail to give Miranda warnings and during an interrogation a detainee gives info that leads to nontestimonial evidence?
Suppressed if failure was purposeful
Probably not suppressed if failure not purposeful
What is the public safety exception to Miranda?
If police interrogation is reasonably prompted by concern for public safety, responses may be used in court even if Miranda warnings are not given
