Part 6 - Confession Evidence Flashcards
Admission
Any statement of the suspect that tends to establish any portions of the facts required to prove guilt or to negate any potential defense.
Confession
Is an admission to every fact necessary to establish guilt. Still requires slight proof in addition to the confession, called corpus delicti evidence.
Most convincing evidence that can be developed.
Confession Evidence
Confession Evidence may be supressed due to
Fruit of Unconstitutional Detention (Fourth Amendment)
Fruit of Unconstitutional Arrest (Fourth Amendment)
Fruit of De Facto Arrest (Fourth Amendment)
Fruit of Unconstitutional Entry (Fourth Amendment)
New York V. Harris
Police had PC to arrest Harris for murder, but without an arrest warrant. Police entered his apartment, arrested him, and brought him to the station. Harris waived miranda made admissions.
Anything blurted out in the home would be suppressed, as well as any evidence observed in the home. Since there was PC for the arrest the stationhouse statement was the result of his lawful arrest, not the illegal search.
Confession after Fourth Amendment Violation
need not be suppressed if intervening acts have attenuated the taint from the error.
Evidence obtained in violation of the Fourth Amendment and ordered suppressed in a prosecution case in chief is admissible to;
impeach the defendant’s contrary testimony, but not to impeach other defense witnesses.
Miranda V. Arizona
Miranda was arrested for arrested for rape of a 22 year old. He admitted after 2 hours of interrogation. Miranda wanted his confession suppressed.
US Supreme Court reversed the conviction ruling that the process of custodial interrogation is inherently compelling, and that a statement obtained by police during custodial interrogation must be presumed to be compelled, since the Firth Amendment forbids trial use of compelled self-incrimination, such statements are inadmissible unless measures are taken by police to neutralize the compulsion inherent in custodial interrogation.
Confession Evidence is inadmissible under the Fifth or Fourteenth Amendments
if it was actually coerced by police abuse, threats or promises.
Two varieties of exclusionary rule
deterrent
prophylactic
Deterrent Exclusionary Rule Provisions (Acquiring Evidence)
Fourth Amendment Sixth Amendment Substantive Due Process -substantive -procedural
Exclusionary Rule - Unconstitutional use (Prophylactic / Preventative)
Fifth Amendment (Miranda Warning) Sixth Amendment (One defendant confessing in joint trial) Procedural Due Process (Using confessions with threats or promises that "do not shock the conscience" but nevertheless render a statement involuntary. It's not acquired unconstitutionally acquired, but it's use at trial would violate the Fifth or Fourteenth Amendment.
Mirdanda “Custody”
formal arrest or its functional equivalent
Mathis V. US
A sentenced inmate in a Florida prison was visited by IRS agents who interrogated him without Miranda warnings about tax crimes and obtained incriminating statements. State court allowed the statement on the ground that the questioning did not relate to the same crime for which he had been incarcerated.
Supreme Court reversed and stated Miranda was not offense specific.
Howes v. Fields
Fields was already serving time in a Michigan prison when police came and interviewed him in a conference room at the prison. He was not advised of his Miranda warnings, and made statements.
Supreme Court held statements admissible since he was not in custody for Miranda purposes and there was no increased stress to create compulsion.
Stansbury V. California
A 10-year-old disappeared and a male in a green car was seen throwing an item into the ravine. They brought an ice cram man in for questioning, and he mentioned he had been driving a green car that day. The California supreme court suppressed the statement because he was the focus of the investigation.
US SUpreme Court was very pissed off and informed the court the FOCUS does not have relevance.
Types of Interviews which are not custody for Miranda if not accompanied with arrest like restraints
Temporary Detentions
Probation or Parole Interviews
J.D.B V. North Carolina
Held that a minor’s age is a relevant factor in determination of custody.
Beheler Warning
You’re not under arrest, and are free to leave at any time before police station interview.
Non-Custodial Questioning following release
Maryland V. Schatzer - 14 day cooling off period after custody
Miranda Interrogation
both express questioning and any words or conduct by police that they should know would be likely to elicit an incriminating response.
Arizona V. Mauro
Police allowed a husband and wife to speak at the request of the wife, and police were present. The conversation was recorded.
Supreme Court said there was a difference between hoping to obtain a statement and actively causing it. Listening when other people talk is not “interrogatoin.”
Miranda does not prevent
Compulsion of non-testimonial exemplars from an arrestee.
Volunteered statements
Undercover Interrogation
Seibert Rules to be determined in Midstream Questioning
1) The completeness and detail of the questions and answers in the first round of interrogation.
2) The overlapping content of the two statements
3) The timing and the setting of the first and second
4) The continuity of police personnel
5) the degree to which the interrogator’s questions treated the second round as continuous with the first.
