miranda and 6A Flashcards

1
Q

5A

A

under 5A, incriminating statement made during custodial interrogation may not be used against D at trial unless police provide procedurral safeguards

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2
Q

what are the safeguards

A

miranda warnings

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3
Q

miranda elements

A

right to remain silent

anything can be used against you

right to atty

if cant afford we will appoint

do you understand

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4
Q

my first statement is inadmissible. what if they re miranda me and then i confess again?

A

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

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5
Q

how to waive miranda

A

voluntary waiver

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6
Q

what destroys voluntariness in VA

A

any promises, threats, or coercion

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7
Q

what can you consider in determining police coercive tactics

A

D age, state of health, education, drunk

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8
Q

what is the confrontation clause

A

D has constitutional right to directly encounter and cross any adverse W

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9
Q

what can you consider in determining police coercive tactics

A

D age, state of health, education, drunk

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