CRIM PRO - 5th Amendment Self-Incrimination/Confessions

Question 1

5th Amendment Foundational Statement

Answer 1

The 5th Amendment Privilege Against Self Incrimination Protection,

as applied to the states through the Due Process Clause,

prohibits the government from compelling a person to give testimonial evidence against herself that may expose the person to criminal prosecution or criminal punishment.

Question 2

An incriminating statement is inadmissible against the speaker in a criminal prosecution unless…

Answer 2

the statement was made

1. voluntarily and
2. in compliance with Miranda

Question 3

Can the 5th Amendment right against self incrimination be invoked by a corporation or other business entity?

Answer 3

No - the privilege is a personal right which may only be invoked by an individual, not by a corporation or other business entity.

Question 4

5th Amendment procedure

Answer 4

1. Defendant challenges a confession by filing a Motion to Suppress
2. Pre-trial hearing is held
3. Prosecution bears the burden of proof - by a preponderance of the evidence that the confession was a) voluntary AND 2) obtained in conformity with Miranda
4. it is a question of law for the judge

If the Court admits the confession at trial:

1. Prosecution bears burden - beyond a reasonable doubt that the confession was voluntary
2. question of fact fo jury/trier of fact

Question 5

Can the 5th be used to suppressed physical evidence?

Answer 5

No, only testimonial evidence.

Question 6

(Immunity) The prosecution may compel incriminating testimony if…

Answer 6

It grants use and derivative use immunity to the individual.

Question 7

Use immunity

Answer 7

Means hat the compelled statement cannot be used againt the confessor, meaning the statement itself cannot be offered in evidence against her.

Question 8

Derivative Use Immunity

Answer 8

Means that the statement and any evidence derived from the compelled statement cannot be used against the confessor.

Question 9

Transactional Immunity

Answer 9

Refers to giving the confessor immunity from prosecution for offenses to which the compelled testimony related.

Question 10

The exclusionary rule of Miranda applies to…

Answer 10

Statements made during custodial interrogation.

Does not apply to a witness interrogated while under a subpoena at a grand jury proceeding.