Miranda Warnings Flashcards
What must be true of a Miranda Warning waiver for it to become effective? Case?
Must be explicit.
CW v. BUSSEY
What constitutes an explicit waiver of Miranda Rights? Case?
A written, oral, physical, etc. acknowledgement of waiver. CW v. MALLOY
Does refusing to sign your statement after signing a waiver of Miranda Rights card serve to nullify your waiver? Case?
No
CW v. MALLOY
Can a defendant’s silence at the time of arrest be used to impeach his testimony at trial? Case?
No.
CW v. Turner
What test is used to determine whether a juvenile has knowingly waived his Miranda Rights?
Totality of the Circumstances.
How do courts use the opportunity to consult with and interested and informed adult when determining whether a juvenile has knowingly waived his Miranda Rights? Case?
As one factor in the totality of the circumstances test.
What rights (fed and state) are violated when a defendant makes incriminating statements to an undercover jailhouse informant? Case?
Right to counsel under 6th Amd AND A.I, S.9
CW v. FRANCISUS
When can a defendant forfeit his right to counsel and be forced to proceed pro se? Case?
When he engages in dilatory conduct by failing to seek and retain private counsel, despite having the opportunity and financial wherewithal to do so.
CW v. LUCARELLI
When can defendant waive his right to defend himself? Case?
When the request is deemed untimely (e.g., after meaningful proceedings have begun).
CW v. EL
15 yr old arrested for the first time. IQ of 67 and reads at a 3rd grade level. An interested adult was neither present nor consulted before the waiver and confession, although the juvenile’s mother had given permission for a detective to speak with the juvenile about the crimes in question and the juvenile had been provided with verbal Miranda warnings. Valid waiver?
No, under the totality of the circumstances.
Not intelligent enough, could have been viewed as coercive (Mom said to talk to you), etc.
