Crim Pro - Modules 6-17 Flashcards
When does 6A right to assistance of counsel attach?
after initiation of formal proceedings
What is the difference between 5A and 6A?
6A is offense specific; 5A is not
What are the two main criminal procedure tests?
totality of the circumstances and harmless error
What does 6A allow as far as police interrogations?
defendant may be questioned regarding unrelated, UNCHARGED offenses without violating 6A
Can 6A be waived? If so, how?
yes; must be knowing and voluntary
What is the remedy for a 6A violation at nontrial proceedings (ex. post-indictment interrogations)?
harmless error rule applies; if harmful, cannot use
What is the remedy for 6A violation at trial?
failure to provide attorney at trial results in AUTOMATIC REVERSAL of conviction
What can a statement obtained in violation of 6A be used for?
impeachment purposes only; cannot be used in prosecutions case-in-chief
Are Miranda warnings required to be given verbatim?
NO; non verbatim is fine as long as the substance of the rights are conveyed adequately
When are Miranda warnings required?
when the suspect is in custody of the government and accused of the crime; must be given prior to interrogation
T/F - Miranda warnings are necessary only if the detainee knows they are being interrogated by a governmental agent.
YES; not required when being interrogated by informant
Are Miranda warnings applicable at a grand jury hearing?
NO; does not apply to an uncharged witness testifying before a grand jury
What is custody?
a reasonable person under the circumstances would feel that they were not free to terminate the interrogation and leave
Does the environment of the interrogation matter?
yes, plays into custody; if police controlled, likely an interrogation and warnings are needed
What is interrogation?
any words or conduct by the police that they should know would likely elicit an incriminating response from the detainee
If a detainee does nothing or says nothing, will the court presume a waiver of warnings?
NO; police can continue to question
Waiver of Miranda
must be knowing and voluntary; totality of circumstances
Invocation of right to remain silent
must be explicit, unambiguous, and unequivocal; police must scrupulously honor this request
if detainee reinitiates contact with police, the waiver is waived and police can question
Invocation of right to counsel (5A)
must be unambiguous, all questioning must cease immediately UNLESS detainee waives OR detainee is released from custody and 14 days have passed since release
T/F - If detainee indicates that they wish to remain silent, police can probably requisition them about a different crime after a break if fresh warnings are administered.
TRUE
T/F - If detainee requests counsel, police may not resume interrogation until detainee is provided with counsel or detainee initiates the questioning.
TRUE
Effect of a Miranda violation
inadmissible under exclusionary rule; can be used for impeachment
Due Process and 6A
defendant can attack a post-charge line up as denying due process if the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification; in-court identification must be excluded
What is the exclusionary rule?
prohibits introduction of evidence obtained in violation of 4A, 5A, and 6A
Must fruit of the poisonous tree be excluded?
yes, unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct
What are the exceptions to the fruit of the poisonous tree doctrine?
fruits derived from statements in violation of Miranda, independent source, attenuation/intervening acts, inevitable discovery, violations of knock and announce
What are the 3 “I’s” of breaking the poisonous fruit chain?
- independent source
- intervening causes
- inevitable discovery
Can in-court identification by a witness be excluded on the basis that the identification was fruit of an unlawful detention?
NO
Is the exclusionary rule applicable to grand juries?
No, unless evidence was obtained in violation of federal wiretapping statutes
Is the exclusionary rule applicable to parole revocation proceedings?
No
Does the exclusionary rule apply when police arrest someone erroneously but in good faith due to a defective warrant?
NO
4 exceptions to the defective warrant rule
- Affidavit severely lacks PC; no reasonable officer would have relied on it
- affidavit severely lacks particularity; no reasonable officer would have relied on it
- police or prosecutor lied/misled the magistrate
- magistrate is biased
Can excluded evidence ever be used?
YES; if voluntary confession but violated Miranda, use for impeachment; if evidence obtained illegally, use to impeach defendant’s statements
What is the harmless error test?
if illegal evidence is admitted, a resulting conviction should be overturned on appeal, unless the government can show BRD that the error was harmless
Harmless error and habeas proceedings
if P claims constitutional error, P should be released if they can show that the error had a SUBSTANTIAL AND INJURIOUS EFFECT OR INFLUENCE in determining the jury’s verdict