Fifth Amendment Protections

Question 1

The Miranda warnings

Answer 1

The right to remain silent; anything they say can and will be used against them in a court of law; right to an attorney; if they cannot afford one then one will be provided for them

Question 2

General Rule for Miranda

Answer 2

Miranda warnings must be read when a person is subject to custodial interrogation by police officers

Question 3

Miranda Custody: Defined

Answer 3

Curtails the freedom of action so much that it impairs the free exercise of the privilege of self-incrimination, giving rise to the requirement of Miranda warnings

Question 4

Miranda Custody: Considerations

Answer 4

(1) An objective analysis of the coercive nature of the surrounding circumstances

(2) Whether a reasonable person would have felt free to leave or terminate the interaction

Question 5

Miranda Interrogation: Two Types

Answer 5

(1) Express Questioning

(2) Functional equivalent: whether the officers had reason to believe their statements would invoke an incriminating response

Question 6

Miranda Custody Factors

Answer 6

(1) An objective analysis of the coercive nature of the surrounding circumstances

(2) Whether a reasonable person would have felt free to leave or terminate the interaction

Question 7

Testimonial Statements (Prevented by Miranda)

Answer 7

Statements made that could be used to prosecute a crime and statements that cannot be admitted without Miranda warnings–-unless made as excited or innocuous utterances

Question 8

Invocation of Rights

Answer 8

Must be unambiguous and unequivocal to communicate the enactment – no right to clarify

Interrogations must cease when a right is invoked until satisfied or the defendant initiates further discussions

Question 9

Miranda Waivers

Answer 9

(1) deliberate choice free from implicit or explicit coercion; (2) made with full awareness of the rights and consequences of the waiver

The totality of the circumstances to evaluate the factors

Question 10

Public Safety Exception

Answer 10

When the concern of public safety outweighs the right against self-incrimination, questions asked to remedy the safety concern are permissible

E.g., gun is loose and police are questioning about its location to remedy the safety concern.