Confessions & Self-Incrimination

Question 1

What does the 5th Amendment protect against?

Answer 1

Self-incrimination

Question 2

The 5th Amendment privilege against self-incrimination only applies to what type of statements?

Answer 2

Compelled, testimonial statements

Question 3

Under the 5th Amendment, what is considered a compelled statement?

Answer 3

One that is elicited, coerced, or otherwise induced by a government actor

Question 4

Under the 5th Amendment, what is considered testimonial?

Answer 4

Written or spoken communications whose primary purpose is to establish or prove past events

Question 5

Under the 5th Amendment, what type of evidence is not considered testimonial?

Answer 5

Observational evidence; Physical evidence

Question 6

Is testimonial evidence found pursuant to a lawful search admissible?

Answer 6

Yes

Question 7

Can the government compel production of testimonial documents?

Answer 7

No

Question 8

How can D invoke their 5th Amendment right against self-incrimination?

Answer 8

By refusing to take the stand

Question 9

How can a witness invoke their 5th Amendment right on the stand?

Answer 9

By refusing to answer specific questions on the stand

Question 10

Can the prosecution bring D’s invocation of his 5th Amendment right to the jury’s attention?

Answer 10

No

Question 11

When does the 5th Amendment privilege not apply?

Answer 11

Witness/D was granted immunity; Privilege is waived; Incrimination is impossible

Question 12

Can the 5th Amendment privilege against self-incrimination be waived?

Answer 12

Yes

Question 13

Define testimonial/use immunity.

Answer 13

Protects witnesses from their testimony being used against them in a future proceeding

Question 14

Define derivative use immunity.

Answer 14

Prohibits police from using evidence derived from the witness’s testimony against him in a criminal proceeding

Question 15

Define transactional immunity.

Answer 15

Protects the witness from future prosecution for all crimes related to their testimony

Question 16

What are Miranda rights?

Answer 16

Statements obtained while in custody as the result of direct questioning are inadmissible unless the police advise the suspect of their rights and the suspect freely waives those rights

Question 17

When is a suspect considered in ‘custody’ for Miranda purposes?

Answer 17

When the suspect is in custody at the police station or otherwise not free to leave

Question 18

What factors help determine if a suspect is in custody for Miranda purposes?

Answer 18

Location, length, and circumstances of the interrogation; reasonable belief of custody; age of the suspect

Question 19

What constitutes an interrogation under Miranda?

Answer 19

Direct questioning; Words or actions that a reasonable officer knows or should know will elicit an incriminating response

Question 20

What factors are weighed to assess whether a statement was coerced?

Answer 20

Deprivation of needs; location, duration, and physical conditions of the interrogation; use of force; psychological pressure; use of deception; D’s age, health, education, intelligence, gender, cultural background; D’s experience with the criminal justice system

Question 21

What are the elements of a Miranda warning?

Answer 21

Right to remain silent; Anything said can be used against them in court; Right to an attorney; If they cannot afford an attorney, one will be provided

Question 22

When must Miranda warnings be given?

Answer 22

Before the interrogation begins

Question 23

What must a suspect do to exercise their rights after Miranda warnings have been given?

Answer 23

Make a clear and unambiguous request for an attorney and an affirmative invocation of the right to remain silent

Question 24

Does silence constitute invoking the right to remain silent?

Answer 24

No

Question 25

If a suspect makes an unequivocal request for an attorney and to remain silent, can the officers proceed with their interrogation?

Answer 25

No

Question 26

What is the public safety exception to Miranda warnings?

Answer 26

An officer can question a suspect without violating Miranda for public safety concerns

Question 27

Are Miranda warnings required if the suspect is speaking to an undercover officer or confidential informant?

Answer 27

No

Question 28

Are statements taken in violation of Miranda rights admissible?

Answer 28

Yes, for impeachment if D takes the stand

Question 29

Is physical evidence obtained in violation of Miranda admissible?

Answer 29

Yes, as long as the statement was not coerced