Confessions

Question 1

14A

Answer 1

Protects against involuntary confessions; harmless error test applies

Question 2

6A Right to Counsel

Answer 2

Applies once formal charges have been field; offense specific (if D makes 6A request for counsel, must make another request if charged a separate unrelated crime); can be waived if knowing and voluntary

Question 3

5A Miranda

Answer 3

Privilege against self-incrimination: (i) rght to remain silent (ii) anything he says can be used against him in court (iii) right to attorney (iv) if he cant afford atty one will be appointed for him; only have to warn once unless a lot of time has lapsed

Question 4

When Miranda applies

Answer 4

prior to CUSTOIAL INTERROGATION; when D doesnt think he is free to terminate the interrogation and leave (must be coercive situation)

Question 5

Right to Waive Miranda Rights

Answer 5

Do nothing: no presumption of waiver; waive: knowing and voluntary; assert right to remain silent (all questioning must stop; police may scrupulously honor); right to counsel (all questioning must cease about ANY crime for 14 days)
*Assertion of right must be unequivocal

Question 6

Effect of Miranda Violation

Answer 6

Evid obtained in viol of Miranda is inadmissible unless it’s used to impeach or unless it’s a harmless error

Question 7

Public Safety Exception to Miranda

Answer 7

If interrogation is reasonably prompted by concern for public safety, responses to Qs may be used in court