Miranda

Question 1

When are you afforded Miranda warnings?

Answer 1

Miranda warnings only apply to statements as a result of a custodial interrogation.

Question 2

Custody

Answer 2

A person is in custody if, based on an objective standard, a reasonable person would not feel free to leave.

Question 3

Interrogation

Answer 3

Interrogation occurs when a police officer is trying to elicit criminal information.

Question 4

What are Miranda Warnings?

Answer 4

To offset the coercive nature of custodial interrogations by police, and to ensure confessions are voluntary, detainees must be (i) informed of their rights to remain silent and to an attorney, and (ii) warned that any statements they make can be used against them
in court.

Question 5

Waiver

Answer 5

Miranda rights can be waived by a knowing, voluntary, and intelligent waiver. The court will consider the totality of the circumstances to determine the validity of the waiver.

Question 6

Invocation of Rights

Answer 6

To remain silent: If the defendant affirmatively invokes the right to remain silent, invocation must be scrupulously honored—police cannot continue badgering him about the same crime. Simply remaining silent, even for a prolonged period of time, isn’t sufficient to invoke the right.

To an attorney: If the defendant requests counsel, all questioning must stop until he is given the chance to meet with counsel unless the defendant himself resumes the questioning. Requests must be clear.

Question 7

Voluntariness of a Confession

Answer 7

The voluntariness of a confession is reviewed under the totality of the circumstances. A confession will be held to violate due process if it wasn’t voluntarily made.