Confessions

Question 1

What are the Miranda warnings?

Answer 1

1. You have the right to remain silent
2. Anything you say can be used against you in court
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be appointed for you if you so desire.

Question 2

Must Miranda warnings be verbatim?

Answer 2

No as long as the substance is covneyed

Question 3

What is the trigger for Miranda warnings?

Answer 3

Custodial interrogation

Question 4

When are you in custody?

Answer 4

If at anytime during the interrogation you are: not free to leave (e.g. jail, police car, in home or hospital bed)

Question 5

What two things are not considered custodial, per a 1984 SCOTUS decision?

Answer 5

Probation interviews and routine traffic stops

Question 6

What constitutes interrogation?

Answer 6

Interrogation is defined as any conduct where the police knew or should have known that they might illicit an incriminating response from the suspect.

Question 7

Miranda warnings are not required prior to the admissibility of this type of statement.

Answer 7

What is a spontaneous statement?

Love me some Jeopardy.

Question 8

Donna was arrested and taken to police headquarters where she was given
her Miranda warnings. Donna indicated that she wished to phone her lawyer and was
told she could do so after her fingerprints had been taken. While being fingerprinted,
however, Donna blurted out “paying a lawyer is a waste of money because I know you
have me.” At trial, Donna’s motion to prevent the introduction of the statement she
made while being fingerprinted will most probably be:

Answer 8

Denied, because the statements were volunteered and were not the result of interrogation.

Question 9

How must a person waive his or her Miranda rights?

Answer 9

A Miranda waiver must be knowing, voluntary, and intelligent. Courts look at the totality of the circumstances in making this determination.

Question 10

How must you invoke your right to remain silent?

Answer 10

Through unambiguous conduct or action.

Question 11

Can police ever re-initiate questioning after the Defendant has invoked the right to remain silent?

Answer 11

Yes, if they wait a significant amount of time, re-Mirandize the defendant, and the questions are limited to a crime that was not the subject of the earlier questioning.

Question 12

How must you invoke the right to counsel?

Answer 12

The request can be invoked only by an unambiguous request.

Question 13

What occurs after defendant invokes his right to counsel?

Answer 13

All questions must cease until (1) the accused is given an attorney or (2) the accused initiates further questioning

Question 14

If there is a break in custody, how much time must pass before the police can request a defendant to waive his Miranda rightS?

Answer 14

14 days.

Question 15

Charlie is detained and properly given Miranda warnings. Charlie remains
silent for over two hours and then eventually says, “I know where the murder weapon is,
but that’s it.” Police then continue to question Charlie, and Charlie finally says, “Maybe I
should get a lawyer now.” Police completely ignore this, and continue to question
Charlie, who eventually confesses that he in fact did kill the victim.
Before trial, defense counsel moves to suppress all statements. The judge should

Answer 15

Admit both the confession and the statement about the murder weapon

Question 16

The police detain Barney Gumble and bring him to the station for
questioning. After rigorously questioning him about a murder, Barney says, “Hey,
there’s beer in that ash tray. But I want to talk to my lawyer now.” The police continue
to interrogate Barney, and Barney finally makes incriminating statements about the
crime. Will Barney’s incriminating statements be admissible at his criminal trial?

Answer 16

It depends. Statements are clearly inadmissible in prosecution’s case in chief, but can come in to impeach defendant’s trial testimony.

Question 17

There are both Fifth Amendment rights to counsel and Sixth Amendment rights to counsel, what’s the difference?

Answer 17

Fifth Amendment is court created and must be invoked. The Fifth Amendment right to counsel is also not offense specific and applies to the entire process of police custodial interrogation.

Sixth Amendment right to counsel is offense specific, meaning counsel would only need to be present if D were being asked questions about the specific case for which D has retained counsel.