Confessions Flashcards
All confessions must be . . .
voluntary
How is the voluntariness of a confession determined?
by the totality of the circumstances
A defendant is entitled to an attorney at all _______________ of a prosecution after formal proceedings have begun.
critical stages
Is the defendant entitled to an attorney at an arraignment?
yes
Is the defendant entitled to an attorney at the taking of one’s blood?
no
Is the defendant entitled to an attorney at a post-charge line up?
yes
Is the defendant entitled to an attorney at sentencing?
yes
Is the defendant entitled to an attorney at a felony trial?
yes
Is the defendant entitled to an attorney at one’s handwriting sample being taken?
no
Is the defendant entitled to an attorney at a precharge lineup?
no
Is the defendant entitled to an attorney at a preliminary hearing?
yes
Is the defendant entitled to an attorney at a parole revocation hearing?
no
Is the defendant entitled to an attorney at a photo identification?
no
To what crimes of a defendant does one’s appointed counsel apply to?
only the offenses for which the counsel was appointed. A defendant can be questioned on other charges unrelated to the charge for which the counsel was appointed.
What is the remedy for an unconstitutional pretrial identification?
to exclude the evidence at trial
What can the government do to prevent an unconstitutionally obtained identification of a defendant from being excluded?
the government can show that it has an adequate independent source for that in court identification.
What is the most common independent source?
that the victim or witness had an adequate opportunity to observe the defendant at the time of the crime.
What is the result of a defendant being denied his Sixth Amendment right to counsel at trial?
his conviction will automatically be overturned.
What is the result of a defendant being denied his Sixth Amendment right to counsel at non-trial proceedings?
the reviewing court will apply the harmless error test to determined whether the denial of counsel prejudiced the defendant’s case.
Miranda warnings are required when a defendant is in . . .
custodial interrogation.
What are the Miranda warnings?
you have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to an attorney; if you cannot afford an attorney, one will be appointed for you.
Miranda warnings only apply to interrogation by . . .
the publicly paid police
Do Miranda warnings apply to interrogations by informants working for the police who the defendant does not know is working for the police?
no
When is someone in custody?
if at the time of the interrogation, a reasonable person would not feel free to leave; i.e. does the situation present the same inherently coercive pressures as a station house interrogation?
