Essay issues - 5th A

Question 1

5th amendment

Answer 1

The 5th amendment prohibits compelled self-incrimination. The right applies to testimonial evidence to the government.

Question 2

Miranda warnings

Answer 2

Police must give defendants miranda warnings when the defendant is in custodial interrogation. If the police fail to do so, then the defendant’s confession will be inadmissible.

Custody - A person is in custody if he reasonably believes he is not free to leave.

Interrogation - A person is interrogated if the police engaged in conduct that was likely to elicit a response.

Question 3

Waiver of miranda

Answer 3

A defendant may waive his miranda rights, but it must be voluntary.

Question 4

Invoking miranda

Answer 4

If the defendant unambiguously asserts his desire to remain silent, then the police must “scrupulously honor” that request.

If the defendant unambiguously asserts his right to an attorney, then the police cannot question him w/o his attorney or unless the defendant initiates contact.

Question 5

Exclusion of statements

Answer 5

Statements made in violation of miranda rights will be excluded, but it is admissible for impeachment purposes if the defendant chooses to testify. Also, any physical evidence seized in reliance on the statements will not be excluded.

Question 6

14th amendment - voluntary statement

Answer 6

For a self-incriminating statement to be admissible under the Due Process Clause of the 14th Amendment, it must be voluntary as determined by the totality of the circumstances. A statement will be involuntary if there was some official compulsion.