miranda and 6A Flashcards
5A
under 5A, incriminating statement made during custodial interrogation may not be used against D at trial unless police provide procedurral safeguards
what are the safeguards
miranda warnings
miranda elements
right to remain silent
anything can be used against you
right to atty
if cant afford we will appoint
do you understand
my first statement is inadmissible. what if they re miranda me and then i confess again?
2nd confession may be surpressed when the substance of miranda has drained away
would a reasonable person understand these miranda warnings gave me a choice to remain silent
how to waive miranda
voluntary waiver
what destroys voluntariness in VA
any promises, threats, or coercion
what can you consider in determining police coercive tactics
D age, state of health, education, drunk
what is the confrontation clause
D has constitutional right to directly encounter and cross any adverse W
what can you consider in determining police coercive tactics
D age, state of health, education, drunk