Crim Pro -- 5th Amendment

Question 1

5th Amendment Right/ Miranda

Slapdown

Answer 1

Under the 5th Amendment, a person has the right to be free from compelled self-incrimination.

Once a person is in CUSTODY, he must be read his Miranda Rights prior to INTERROGATION.

If D is entitled to Miranda Warnings and none were given to him, then any subsequent confession is inadmissible.

Question 2

14th Amendment Right/ Confession

Answer 2

For an incriminating statement to be admissible under the Due Process Clause, it must be VOLUNTARY, as determined by the TOTALITY OF THE CIRCUMSTANCES.
A statement will not be involuntary unless there is some official compulsion.

Question 3

Interrogation must come from _______________

Answer 3

the government or police

Question 4

Sixth Amendment Right to Counsel

Answer 4

A defendant has a right to counsel under the Sixth Amendment AFTER charges have been brought.

Question 5

Jailhouse informants… what determines whether they count as doing an INTERROGATION?

Answer 5

If they are paid by the government/police, they are working for the gvmt/police, and this is likely gvmt conduct.

Without gvmt conduct, can’t have interrogation.

Question 6

When may a Defendant represent himself pro se?

Answer 6

When his decision is knowing, voluntary, and he was competent to proceed pro se.

Question 7

Is it harmless error if the court refuses to allow a Defendant to represent himself pro se?

Answer 7

No, it is reversible error.