No Compelled Confessions

Question 1

Compelled Self Incrimination

Answer 1

5th Amendment provides freedom from compelled self incrimination. To protect, police must inform detainees of their rights (Miranda warnings) prior to custodial interrogation.

Statements obtained in custodial interrogation w/out giving rights are inadmissible (EXCEPT impeachment)

Question 2

Custodial

Answer 2

Reasonable person under circ’s would not feel free to leave (same pressures as police house questioning)

Question 3

Interrogation

Answer 3

words/conduct cops should known is reasonably likely to elicit an incriminating response (∆ must know a cop)

Question 4

Waiving Your Rights

Answer 4

Knowing and voluntary (totality of the circ’s)

Question 5

Invoking Right to Silence

Answer 5

explicit + unambiguous

cops must scrupulously honor (wait sig time, re-Miranda, Q on other crime only)

Question 6

Invoking Right to Attorney

Answer 6

explicit + unambiguous

No more questions until (i) atty present, (ii) accused initiates Q’s or (iii) release + wait 14 days

Question 7

Exclusionary Rule

Answer 7

E from coerced confession is inadmissible (except grand jury and parole proceedings)

Question 8

FOPT

Answer 8

E derived from illegal obtained E is also inadmissible

–Exceptions: knock + announce violations (searches), ind source, inevitable discovery, ind. act of free will

–Miranda violations excluded from FOPT unless cops acted in bad faith