Miranda (interrogation) & Flashcards
Rhode Island v. Innis
sawed off shotgun; handicap kid school
Rule: Interrogation refers to express questioning or its
Functional Equivalent.
Innis Functional Equivalent test
The actions/words are the functional equivalent to an interrogation if:
i. the officer knows the actions are reasonably likely to illicit an incriminating response.
How know this?
1. If know of ∆ susceptibility to a particular form of persuasion→ MIGHT be an important factor
Brewer v. Williams
(6th amend case) but possibly define functional equiv to interrogation if police knew 1)mentally ill & 2) particularly susceptible to religion.
(CHRISTIAN BURIAL SPEECH, rape-homicide–body)
subtle compulsion?
≠ interrogation
Rhode Island v. Innis