Interrogations Flashcards
Fifth Amendment
No person shall be compelled in any criminal case to be a witness against himself
Scope of Fifth Amendment Privilege
(1) NATURAL PERSONS only, not corporations/unions
(2) TESTIMONIAL EVIDENCE only, not physical evidence
(3) Applies to testimony that would be a link in the chain leading to prosecution/conviction
(4) If person given immunity, cannot refuse to answer
Statements Made by an Individual
Must be made by the individual TO THE GOVERNMENT
Statements made as result of custodial interrogation are inadmissible unless accompanied by procedural safeguards (Miranda Warnings)
“Custodial”
Person being questioned has been arrested or is not otherwise free to leave
If not in custody, no warning required
“Interrogation”
Involves either the official asking questions or engaging in other words or conduct that police know or should know will elicit a response
Miranda Warnings
(1) Right to remain silent
(2) Any statement you make may be used against you in court
(3) Right to consult an attorney and to have the attorney present during questioning
(4) Right to have an attorney appointed if you cannot afford one
INTERROGATOR MUST ASK WHETHER D UNDERSTANDS THE RIGHTS
Two Situations in Which Police MUST Cease Questioning
(1) Invoking the right to remain silent
(2) Invoking the right to counsel
Public Safety Exeception to Miranda Warnings
When public safety is at risk, the police do not have to give Miranda warnings before questioning
Interrogation Tactics
Confession must be VOLUNTARY
Statements obtained by threat are INADMISSIBLE
Police CAN use deceit
Fifth Amendment Violation: Involuntarily Obtained Statements
Statement is NEVER admissible
Evidence obtained as result of the statement is FRUIT OF THE POISONOUS TREE and is PRESUMPTIVELY INADMISSIBLE
Fifth Amendment Violation: Statements in Violation of Miranda
Inadmissible in the prosecution’s case in chief, but can be admitted in order to impeach D
Evidence obtained as result of the statement is ADMISSIBLE
