Exam 6 Flashcards
Interrogation
Direct questioning that will likely result in a incriminating response
5th amendment
Miranda Rights
What court case did the Miranda rights come from?
Miranda v Arizona
What are the Miranda Rights
-You have the right to remain silent
-Anything you say may be used against you in a court of law
-you have the right to consult with a lawyer before answering any questions and you may have him present with during questioning
- if you can not afford a lawyer and want one, a lawyer will be provided for you by the commonwealth at no cost.
Custody + interrogation =
Miranda
4 criteria to determine custody =Groome factors:
Location
Interview style
Focus
Freedom to leave
Functional Equivalent
When police use any words or actions in which they know or should know are likely to elicit an incriminating response
Waiver of Miranda Rights must be
VIk
Voluntary
Intelligent
Knowingly
Custody
When a suspect is either under arrest or detained
Non custody or custodial Situations where Miranda rights are not required
Situations dealing with domestic violence 209A
Self - induced disability
When a person is under the influence of alcohol or drugs he/she can not waive Miranda rights or ask questions
If a person invokes (use or apply) the right to remain silent
-All questions stop
-Unless suspect initiates or attorney is present
-But you may ask questions about unrelated crimes
If a person invokes (use or apply ) the right to an attorney
-All questions stop
- unless suspect initiates or attorney is present
- you may not ask about ANY related or unrelated crimes
Comm. v. mcnulty case
Comm. v. Mavredakis
If the suspects attorney attempts to contact him the police have a duty to inform the suspect of the attempt to contact and stop questioning
5th warning
You may stop questioning at any time
