Confessions Flashcards
Confessions - 14th Amendment
For a self-incriminating statement to be admissible under DPC it must be VOLUNTARY. Voluntariness is judged based on whether there is OFFICIAL COMPULSION
6th Amendment (General Rule)
Guarantees RIGHT TO COUNSEL in the CRITICAL STAGES OF PROSECUTION / AFTER JUDICIAL PROCEEDINGS HAVE BEGUN
Prohibits the police from deliberately eliciting an incriminating statement outside the presence of counsel AFTER D HAS BEEN CHARGED (unless right to counsel has been waived)
6th Amendment (Stages where Applicable)
Stages where Applicable
(1) Post Indictment Interrogation
(2) Preliminary Hearing (for probable cause)
(3) Arraignment
(4) Post-charge LINEUPS
(5) Guilty Plea & Sentencing
(6) Felony Trials
(7) Misdemeanor trials where imprisonment or a suspended jail sentence is imposed
(8) Overnight recesses during trial
(9) Appeals as a matter of right
(10) Appeals of guilty pleas
6th Amendment (Stages Where NOT Applicable)
Stages Where NOT Applicable
(1) Blood Sampling
(2) Handwriting or voice samples
(3) Pre-charge or INVESTIGATIVE lineups
(4) Photo IDs
(5) Preliminary hearings determining probable cause to detain
(6) Brief recesses during D testimony
(7) Discretionary Appeals
(8) Parole and probation revocation proceedings
(9) Post Conviction proceedings
6th Amendment (Offense Specific Rule)
Even though 6th amendment right to counsel has attached in regards to the charge D is being held for, D CAN still be questioned regarding UNRELATED / UNCHARGED OFFENSES without counsel being present
6th Amendment (Waiver)
D can make a waiver of the right to counsel where the waiver is both
(1) KNOWING
(2) VOLUNTARY
6th Amendment (Remedy - 2 Rules)
(1) DURING NON-TRIAL PROCEEDINGS - Harmless error doctrine applies so that deprivations of counsel may be excused if no material effect
(2) DURING THE TRIAL - Failure to provide counsel results in an AUTOMATIC REVERSAL of the conviction
6th Amendment (Evidence Application)
6th Amendment (Remedy - 2 Rules)
5th Amendment (General Rule & List)
Pursuant to the 5th amendment right against self-incrimination, person in custody must be advised prior to interrogation of their rights
List
(1) Right to Remain Silent
(2) Anything said can be used against D in court
(3) D has the right to the presence of an attorney
(4) If D can not afford an attorney, one will be appointed
5th Amendment (When Miranda Warnings Required)
Anyone IN CUSTODY OF THE GOVERNMENT and accused of a crime must be given Miranda warnings PRIOR TO INTERROGATION BY THE POLICE
5th Amendment (When Miranda Warnings Required Subparts - Govt Conduct; Custody; Interrogation)
(1) Governmental Conduct
Miranda Warnings are necessary only if detainee KNOWS that he is being interrogated by a GOVERNMENT AGENT
(2) Custody Requirement
D will be deemed in custody when
(a) A reasonable person would feel they are UNABLE TERMINATE the interrogation and leave
(b) The environment presents the SAME COERCIVE PRESSURES as a “station house questioning”
(3) Interrogation Requirement
Includes words or conduct by police which they should know are LIKELY TO ELICIT A RESPONSE.
5th Amendment (Post Miranda Warning Options)
Following Miranda warnings, D can opt to do any of the following:
(1) Do Nothing - If D does not respond
(a) Court WILL NOT presume waiver
(b) Court WILL NOT presume an D has asserted right to remain silent or consult an attorney
(2) Waive Rights - To be valid, waiver must be knowing and voluntary.
(a) If government can show that D received warnings and then CHOSE to answer questions - SUFFICIENT
(3) Invocation of Right to Remain Silent - Police is not longer allowed to BADGER D
(a) To be effective, Ds invocations must be EXPLICIT UNAMBIGUOUS & UNEQUIVOCAL
(b) Police still allowed to question for unrelated crime (invocation is not a blanket right)
(4) Invocation of the Right to Counsel - ALL QUESTIONING must cease until counsel has been provided UNLESS
(a) D then waives right to counsel
(b) D is released from custody and 14 days have passed since release
5th Amendment (Effect of Violation)
(1) Statements obtained in violation of Miranda can be used to IMPEACH D TESTIMONY, but NOT IN CASE-IN-CHIEF
(2) Where Police get pre-Miranda confession & then attempt to hide Miranda warnings to get another valid convictions - INADMISSIBLE
(3) Evidence coming from an invalid confession will be suppressed under the “Poison Fruit” Doctrine
5th Amendment (Public Safety Exception)
Interrogation w/o Miranda Warnings are ok where it is prompted by a CONCERN FOR PUBLIC SAFETY (IE a hidden gun that could cause injury to an innocent person)
