Interrogation and Confessions Flashcards
When does 14th Amendment Due Process Apply in Crim Pro?
Whenever police engage in coercive conduct that overcomes the will of the suspect
Exclusion: involuntary confession is not admissible for ANY purpose
When does the 6th Amendment Right to Counsel apply in Crim Pro?
When the defendant is formally charged. It attaches to all “critical stages” of the proceedings thereafter.
What is the 6th Amendment Right to Counsel rule?
- Once judicial proceedings have been initiated
- the police cannot deliberately elicit an incriminating statement
- about the offense that the defendant was charged with
- in the absence of counsel or a knowing, intelligent, and voluntary waiver
Exclusion: any confession is excluded in the prosector’s case-in-chief but may be used for impeachment
When do 5th Amendment Miranda rights apply?
Whenever there is a custodial interrogation
What is the rule under 5th Amendment Miranda rights?
Police cannot interrogate a suspect who is in custody without counsel or a waiver (unless the public safety exception applies)
Exclusion: Any confession is excluded in the prosecutor’s case-in-chief. However, the prosecutor may use any “fruits” of the confession against the defendant for impeachment
Are statements made involuntarily under the 14th Amendment admissible?
No, not for any reason, even impeachment
What applies to the “critical stages” of prosecution?
- Arraignments
- Probable cause hearings
- Sentencing
- Plea Bargaining
- Police Interrogation
- Post-Charge Lineups
What does not apply to all “critical stages” of prosecution?
- Blood Sampling
- Fingerprinting
- Taking of Handwriting
- Taking voice or hair exemplars
Define: Custodial Interrogation
Interrogation initiated by law enforcement officers after a person has been taken into custody or deprived of their freedom of action in any significant way.
When is a suspect in custody?
if there is a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest.
Define: Interrogation
Questioning initiated by law enforcement officers or its functional equivalent
What is not an interrogation?
- If the defendant volunteers a confession
- Routine background information (name, address, etc.)
Do Miranda rights apply with an undercover informant?
If the defendant does not realize the person they are talking to is a police officer, then 5th Amendment Miranda rights don’t apply
Miranda rights - Public Safety Exception
A police officer is not obligated to give Miranda warnings if the threat to public safety outweighs the need to protect the suspect’s 5th Amendment Rights
Ex: man with gun pursued into store. Police frisk man and find no gun. Officer asks man where is the gun in an interest of public safety as he knows the gun is somewhere in the store
What are the Miranda warnings?
- You have the right to remain silent
- Anything you say can and will be used against you in court
- You have the right to an attorney
- If you cannot afford one, an attorney will be appointed for you
How much Miranda rights be conveyed?
The Police Officer must “reasonably” convey the Miranda rights and obtain a waiver of the right to remain silent and the right to counsel
How does someone invoke their right to remain silent?
The invocation must be explicit, unambiguous, and unequivocal
Note: silence before reading of Miranda rights is not protected under the 5th Amendment but silence after the reading of them generally is
What must police do once someone invokes their right to remain silent?
They must stop questioning and scrupulously honor the invocation
How to invoke the right to counsel
The request must be clear or unequivocal
What are the consequences of invoking your right to counsel?
All questioning about any crime at all must cease unless the suspect initiates it.
When does the request for counsel expire?
14 days after a suspect is released from custody so long as a knowing, intelligent, and voluntary waiver is thereafter obtained
What evidence is excluded when there is a Miranda violation?
Incriminating statements used in the prosecutor’s case-in-chief
What evidence is not excluded and can be used in court when there is a Miranda violation?
- Incriminating statements used to impeach the defendant’s testimony on cross examination
- “Physical Fruits” of voluntarily made incriminating statements
Harmless Error Test
If a confession is improperly admitted at trial and the defendant is found guilty, that verdict will stand on appeal so long as the government can prove beyond a reasonable doubt that the error was harmless
Miranda rights - Officer Error
If an officer unintentionally fails to give a defendant their Miranda warnings, they can always stop the questions and warn the suspect. Any statement made subsequent to the warning is admissible in court.
Miranda rights - Question-First Tactic
If Miranda rights are deliberately withheld as a technique to get the defendant to confess, officer error does not apply and the confession is inadmissible
When can someone “plead the 5th?”
Any person (defendants, witnesses, parties) can plead the fifth in any proceeding where they are testifying under oath.
What is the privilege against self-incrimination/pleading the 5th?
It protects witnesses from having to give testimony against themselves.
When does pleading the 5th not apply?
- It does not apply when the government tries to use a D’s blood, voice, or handwriting against them in court.
- It does not apply to lineups
Can corporations invoke the 5th?
No
When can someone not invoke the 5th?
If the prosecution gives use immunity or transaction immunity
Define: Use Immunity
After granting immunity, the prosecution must not use the statements the witness makes against that person in a later criminal prosecution
Define: Transaction Immunity
After granting this immunity, the prosecution must not prosecute the witness for any offense he testifies about.
If a witness does not assert their 5th amendment privilege at the first possible opportunity, can they assert it later?
No, it is waived and may not be asserted later.
What should occur if a Defendant challenges the admissibility of a statement or confession?
The admissibility should be determined by the court prior to trial as a matter of law
What should occur if the Defendant denies making a statement?
They are not entitled to an evidentiary hearing, the jury can simply decide if the D made the statement
What should happen if a Defendant asserts that a statement was made under duress?
The Defendant is entitled to a hearing outside of the ears of the jury and the statement is inadmissible if the allegations are true.
