confessions

Question 1

voluntariness

Answer 1

confession must be voluntary to be admisssible. Voluntary is assessed by totality of the circumstances.

Question 2

6a Right to counsel

Answer 2

D entitle dto attorney during all critical stages

key stages
1. Post-indictment interrogation
2. Preliminary hearings to determine probable
cause to prosecute
3. Arraignment
4. Post-charge lineups
5. Sentencing
6. Felony trials

WHERE COUNSEL IS NOT REQUIRED
1. Taking of blood samples
2. Taking of handwriting samples
3. Pre-charge lineups
4. Brief recess during Defendant’s testimony at
trial
5. Parole and probation revocation proceedings
6. The taking of fingerprints
7. Photo identification

Question 3

offense specific

Answer 3

only applies to specific charge for which D has retained counsel.

Can ask questions about unrelated charge even with counsel.

Question 4

pre-trial identifications

Answer 4

due process standards - certain pretrial ID techniques are so unnecessairly suggestive and so substantially likely to produce a misidentificaiton that they deny DP (think of a line up with one who obviously matches description)

REMEDY - exclude in trial ID unless state can show independent source for in court ID (independent of bad line up). Most common independent source is V had adequate opportnity to observe the D

Question 5

remedy for violation of 6A righ tto counsel

Answer 5

at trial - automatic reversal of conviction

non-trial proceedings - harmless error test will apply

Question 6

5A + Miranda

Answer 6

Miranda - required when in custodial interrogation

Miranda warning must contain

• You have a right to remain silent
• Anything you say can be used against you in
court
• You have the right to an attorney
• If you can’t afford an attorney, one will be appointed
for you if you so desire.

only applies to publicly paid police (not informant)

Question 7

Custody

Answer 7

if at the time of the interrogation, a reasonable person wouldn’t feel free to leave. Look to if there are inherently coercive pressures as a station house

objective test

Question 8

interrogation

Answer 8

any conduct where polie knew or shold have known that they might elicit an incriminating response from teh subject.

Question 9

spontaneous statement

Answer 9

miranda not required

Question 10

Miranda waiver

Answer 10

must be knwoingly and voluntary court’s invoke totality of circumsntances

RIGH TTO REMAIN SILENT
Invoking the right to silence must be unambiguous.

The police may reinitiate questioning after
the defendant has invoked the right to silence
if they scrupulously honor the detainee’s
request. At the very least, this means
that the police may not badger the detainee
into talking.

In the Supreme Court’s only opinion directly
on point, it allowed police to reinitiate questioning
when the police waited a significant
amount of time, the person was re-Mirandized,
and the questions were limited to a
crime that was not the subject of the earlier
questioning.

INVOKING RIGHT TO COUNSEL
The request for counsel can be invoked
only by an unambiguous request.

If the accused invokes his right to counsel,
all questions must cease until (1) the accused
is given an attorney or (2) the accused
initiates further questioning.

if invoke counsel, can’t question for entire time in custody + 14 days.

Question 11

effect of Miranda violation

Answer 11

evidence obtained is inadmissible

Exception - may be used to impeach the credibility of D’s testimony if he takss the stand

public safety exception - if interrogation is reasonably prompted by concern for public safety, responses may be pused in court