Constitutional Law Flashcards
What is the 5th Amendment?
freedom from Self Incrimination and the Right to Remain silent
What is Miranda V Arizona?
Advising the suspect of their 5th Amendment rights when questioned by a police Officer with both Custody and Interrogation
Rape case, his words surpressed
What are the Miranda Rights?
- Right to Remain Silent
- Anything you say or do, can be used in the court of law
- You have the right to an attorney that can be present during questioning
- A lawyer can be provided if you can not afford one and you want one
What is the best practice of reading Miranda?
Read from the card (Miranda Card)
What is the 5th warning of Miranda?
You may stop questions at any time
But not Required
What does Envoke mean?
Formal call upon and make use of the 5th amendment
What does waive mean?
Voluntarily give up or relinquish a legal right
What is Miranda for?
Custody and Interrogation
What is Custodial interrogation?
questioning after being taken by law enforcement into Custody
What does Miranda equal?
Custody + Interrogation
What is Custody?
Significant deprivation of freedom
What are the Groome Factors?
Criteria used to determine custody
LIFF
1. Location (police station)
2. Interview style (Aggressive/ passive)
3. Focus (focus of the person on a clear investigation)
4. Freedom (right to leave)
What is the reasonable person test for?
an INNOCENT person
What is Interrogation?
Testimonial Evidence, can be direct or indirect to elicit an incriminating response
1. Direct express questioning
2. Functional equivalent
What is Functional Equivalent?
- Staged police conversations
- Provocative Police Comments
- Displaying object
Ex priest in custody who killed a girl, Officer mentions how family wants body to have a Christian burial, which results in an incriminating response from the priest
What type of person can waiver Miranda?
(VIK)
Voluntarily
Intelligently
Knowingly
Decide to waive your rights for testimony, and its important to know a drunk person can not presumably waive Miranda
What is the Right to Silence invoked?
- Stop questioning
- UNLESS SUSPECT INITIATES IT, but RE-READ MIRANDA at least 2 hours after the first time its stated to have a solid case.
- Can question if attorney is present
- When suspect is released from custody
How can a person show their Right to Remain Silent?
Verbal or nonverbally invoked
(a head nod)
What is the right to counsel invoked (attorney/ lawyer)?
- all questions stop- make lawyer available
- Unless suspect initiates it (re-read Miranda)
- Attorney Present
- May not question any crime while in custody (unless Miranda made clear)
- Custody must be continuous
What must you do when silence is invoked?
Re-read Miranda
What is importance of Attorney attempting to contact?
Comm V Mavredakis
Comm V Mcnulty
Inform Suspect of lawyers message and that he called
