Interrogations/ confessions

Question 1

6 issues for interrogation/ confession issues

Answer 1

1. DP voluntariness–5th and 14th
2. Miranda 5th Amend right to remain silent (privilege against self-incrimination)
3. Miranda 5th Amend right to counsel
4. 6th Amend right to counsel
5. Exclusionary rule
6. Fruit of the poisonous tree—come as a 4th amend violation?

Question 2

Four bases to exclude statements and confessions

Answer 2

1. voluntariness
2. right to counsel
3. Miranda
4. Fruits of illegal conduct

Question 3

When are statements and confessions admissible for impeachment?

Answer 3

Under 6th, 5th, and 4th Amendments as long as the statements were not coerced

Question 4

Basis to exclude involuntary statement or confession.

Answer 4

5th & 14th Amends—DP clause

Question 5

Basis to exclude statement or confession made without counsel.

Answer 5

6th Amend—Right to counsel

5th Amend—Right to counsel

Question 6

Basis to exclude statement or confession made during custodial interrogation

Answer 6

5th Amend—Privilege against Self-Incrimination AND Right to counsel

Question 7

Basis to exclude statement or confession obtained as fruit of prior illegal searches and seizure

Answer 7

4th Amend—Exclusionary rule