Criminal Procedure

Question 1

Admissibility of an Incriminating Statement

Answer 1

Any incriminating statement obtained as the result of a custodial interrogation may not be used against a suspect at a subsequent trial unless the police provided procedural safeguards effective to secure the privilege against self-incrimination (i.e., informed the suspect of his Miranda rights).

Question 2

Custody Definition

Answer 2

Custody is a substantial seizure and is defined for Miranda purposes as either a formal arrest or a restraint on freedom of movement to the degree associated with a formal arrest.

Absent a formal arrest, the question is whether a reasonable person would have believed he could leave, given the totality of the circumstances.

Question 3

Interrogation

Answer 3

Interrogation refers not only to express questioning, but also to any words or actions that the police know or should know are reasonably likely to elicit an incriminating response

Question 4

How is a statement evaluated to be determined whether it was made voluntarily or as a result of coercion?

Answer 4

Whether a statement is voluntary or coerced is determined based on the totality of the circumstances. A confession is involuntary only if the police coerced the defendant into making the confession.

Georgia specifically provides that a statement is not voluntary when it is induced by the slightest bit of hope of benefit or remotest fear of injury.