Interrogation Flashcards
Sixth Amendment Right to Counsel
If the government directly elicits confession after indictment (formal judicial proceedings), or intentionally create a situation likely to induce an incriminating statement without the assistance of counsel, D’s right to counsel has been violated (Massiah). Invoking right to counsel gives Sixth Amendment protection, but (1) it must be invoked (2) in a custodial interrogation setting (Montejo).
Sixth Amendment
If the government directly elicits confession after indictment (formal judicial proceedings), D’s right to counsel has been violated (Massiah).
If one can’t claim a Miranda violation, can the Right to Counsel still be invoked.
Invoking Miranda can be revoked if D (1) knowingly, intelligently, and voluntarily (2) reinitiates contact; however, cops can’t deliberately elicit an incriminating statement (Brewer), and the 6th Amendment Right to Counsel can be invoked at any point.
Public Safety exception to Miranda
There is a “public safety” exception to the requirement that Miranda warnings be given before a suspect’s answers could be admitted into evidence, and that the availability of that exception does not depend upon the motivation of the individual officers involved (Quarels).
If one can’t claim a Miranda violation, can the Right to Counsel still be invoked.
Invoking Miranda can be revoked if D (1) knowingly, intelligently, and voluntarily (2) reinitiates contact; however, cops can’t deliberately elicit an incriminating statement (Brewer), and the 6th Amendment Right to Counsel can be invoked at any point.
What constitutes custodial interrogation?
The safeguards prescribed by Miranda become applicable as soon as a suspect’s freedom of action is curtailed to a “degree associated with formal arrest.” (Berkemer)
If one can’t claim a Miranda violation, can the Right to Counsel still be invoked.
Invoking Miranda can be revoked if D (1) knowingly, intelligently, and voluntarily (2) reinitiates contact; however, cops can’t deliberately elicit an incriminating statement (Brewer), and the 6th Amendment Right to Counsel can be invoked at any point.
Coercion Determination
Coercion is determined from the perspective of the suspect. Ploys to mislead a suspect or lull him into a false sense of security that do not rise to the level of compulsion or coercion to speak are not within the concerns of Miranda warnings (Perkins).
Does the Sixth Amendment Right to Counsel protect against informants?
6th Amendment does not forbid admission in evidence of an accused’s statements to a jailhouse informant who was placed in close proximity but made no effort to stimulate conversations about the crime charged, and so is not violated whenever the state obtains incriminating statements from the accused after the right to counsel has attached; a defendant does not make out a violation of that right simply by showing that an informant, either through prior arrangement or voluntarily, reported his incriminating statements to the police. Rather, the defendant must demonstrate that the police and their informant took some action, beyond merely listening, that was designed deliberately to elicit incriminating remarks (Kuhlmann).
Questioning Functional Equivalency Test
The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police. A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation (Innis).
Miranda Warnings
Warnings include (1) the right to silence, as both informative and dispelling coercive atmosphere; (2) damning statements, which informs of adversarial process; and (3) counsel, (4) even if can’t afford one.
What threat does custodial interrogation pose to Fifth Amendment rights?
Custodial interrogation, by its very nature, prevents the exercise of free choice. If the government has custodial interrogation, they can’t use statements unless sufficient procedural safeguards are in place against self-incrimination (Miranda).
Custodial Interrogation
Incommunicado (menacing) interrogation in a police dominated atmosphere resulting in confessions (Miranda).
Public Safety exception to Miranda
There is a “public safety” exception to the requirement that Miranda warnings be given before a suspect’s answers could be admitted into evidence, and that the availability of that exception does not depend upon the motivation of the individual officers involved (Quarels).
Is a traffic stop sufficient to invoke Miranda?
Likely no. If a motorist who has been detained pursuant to a traffic stop thereafter is subjected to treatment that renders him “in custody” for practical purposes, he will be entitled to the full panoply of protections prescribed by Miranda. However, a traffic stop alone doesn’t count (Berkemer).
What constitutes custodial interrogation?
The safeguards prescribed by Miranda become applicable as soon as a suspect’s freedom of action is curtailed to a “degree associated with formal arrest.” (Berkemer)
Does the Fifth Amendment apply to children and, if so, how?
(1) A reasonable child subjected to police questioning will sometimes feel pressured to submit when a reasonable adult would feel free to go, and courts can account for that reality without doing any damage to the objective nature of the custody analysis, and
(2) a child’s age differed from other personal characteristics that, even when known to police, have no objectively discernible relationship to a reasonable person’s understanding of his freedom of action. (JDB)
Coercion Determination
Coercion is determined from the perspective of the suspect. Ploys to mislead a suspect or lull him into a false sense of security that do not rise to the level of compulsion or coercion to speak are not within the concerns of Miranda warnings (Perkins).
Interrogation Determination
The term “interrogation” under Miranda refers not only to express questioning, but also its functional equivalent, such as any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect (Innis).
Questioning Functional Equivalency Test
The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police. A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation (Innis).
What role do lawyers play insofar as the Sixth Amendment?
They are the medium between D and the government because they understand the full extent of one’s rights as well as the governing laws.
To what extent does an invocation of the right to counsel cover the crimes one is or may be accused of?
While formerly, a Sixth Amendment invocation was offense specific, attaching only to the crime having been accused of and not to any following charges, it will now apply to all crimes (currently and possibly charged with during the same timeframe) under Montejo.
