Constitution Law Flashcards
1
Q
Miranda Rights
A
Custody + Interrogation = Miranda
a. You have a right to remain silent
b. Anything you can say can be used against you
c. You have a right to consult with an attorney and have him present during questioning
d. If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth at no cost to you
e. 5th warning is NOT required: “you may stop questioning at any time”
2
Q
Interrogation
A
direct questioning likely to result in an incriminating response
3
Q
Groom Factors - 4 criteria used by the court to determine custody:
A
Location
Interview style
Focus
Freedom to leave
4
Q
Waiver of Miranda (V.I.K)
A
a. Voluntary
b. Intelligent
c. Knowingly
5
Q
Right to counsel invoked
A
All questioning stops
