Pg 24 Flashcards
What is the prompt appearance requirement as a way to challenge the admissibility of a confession under the fifth amendment?
This is a statute enacted by Congress that says that the sole test for the admissibility of a confession is the traditional voluntariness test.
This came from Dickerson where an FBI agent interrogated someone without Miranda, got a confession, tried to admit it by saying it was NOT INVOLUNTARY. The court said that Miranda is required until the state finds an equally effective way to ensure that statements are made based on a knowing and voluntary waiver. Miranda was upheld and it is clear and predictable.
Does getting a Miranda waiver mean that statements are admissible?
No. If a suspect waives Miranda and then refuses to tell the police where a kidnapped child is and they punch him in the face and he confesses, that is still inadmissible because it is coerced. But there must be very obvious proof of coercion once Miranda waiver happens
What is Miranda?
A person that is deprived of his freedom of action in any significant way cannot be questioned unless he has waived his rights after being properly advised by the police.
What is the rationale behind Miranda?
When a defendant is subjected to custodial interrogation, the inherent coercion produced by it undermines the confidence that his decision to answer questions was a knowing and voluntary waiver of the privilege against self-incrimination. So to use those statements, the government must prove that they eliminated the inherent coercion by informing the defendant of his Miranda rights and getting a knowing and voluntary waiver of those rights. If this is not done, the statements cannot be used.
Who is entitled to a Miranda warning?
Anyone subjected to custodial interrogation regardless of the nature and severity of the offence he is suspected of. Miranda only applies when detention significantly curtailed the freedom of action to a degree associated with formal arrest
What are the two things that are absolutely required for Miranda to apply?
Custody and interrogation
What is the reason that you need custody and interrogation in order for Miranda to apply?
Because this produces a coercive atmosphere when the suspect is aware of both the custody and the interrogation
Who has the burden of proof with regard to Miranda?
The government has the burden of proof to show that Miranda warnings were given and were waived
Do police officers have latitude to use persuasion and non-coercive means to get a confession or find out information?
Yes
Was Miranda nearly repealed?
Yes, but in the end the court followed stare decisis and it is now embedded in routine police practice and part of the national culture
Is Miranda offense-specific?
No, the police do not need to tell the defendant what he is suspected of, and if a waiver happens, the defendant waived his rights for any questioning of any offense by any cops
What are the things that are required if someone gives a Miranda waiver?
It must be voluntary, knowing, intelligent, and unequivocal. It cannot be implied and silence doesn’t work
What are the things to ask on an essay with regard to Miranda?
- if Miranda was triggered by custody and interrogation
– if the police had a valid Miranda waiver
– if the defendant invoked one of his rights to silence or to counsel
– if a right was invoked, if the cops reinitiated contact with the suspect
– what was the evidentiary consequence of the Miranda violation?
If a suspect is questioned by the police after he is taken into custody or deprived of his freedom of action in any significant way, what does that trigger?
A Miranda warning
Before someone in custody can be subjected to interrogation, what has to happen?
He must be given adequate and effective appraisal of his rights in a clear and unequivocal terms
What is the actual Miranda warning?
A person must be given an adequate and effective apprisal of his rights in clear and unequivocal terms that:
- he has the right to remain silent
– anything he says can and will be used against him in a court of law
– he has the right to consult with an attorney and have one present during interrogation
– if he is indigent, an attorney will be provided for him
Does Miranda wording have to be exact?
No
Does Miranda apply to misdemeanours and minor traffic offenses?
Yes
What are situations that a Miranda warning is not necessary for?
- application for parole or probation revocation proceedings
– competency to stand trial hearing
– prison disciplinary hearing
Does Miranda apply to juvenile delinquency proceedings?
Yes
If an incomplete or inadequate Miranda warning was given, can it be overcome by a showing that the suspect knew his rights?
No, Miranda warnings must be given to everyone, even attorneys
If a police officer is actually aware of a defendant’s ability to get counsel, is it necessary as part of the Miranda warning that he explains the part about indigents being appointed a lawyer?
No, but it’s always a good idea to say it anyway
If a police officer is giving someone their Miranda rights and the defendant interrupts saying that he knows his rights, has Miranda been satisfied?
Yes
If police only advise of the right to silence and not the right to an attorney, but the defendant got an attorney, and no evidence was gotten that resulted from the police officer’s failure to mirandize the defendant, will the defendant’s conviction be upheld?
Yes
If a police officer gives an improper or incomplete Miranda warning, the exclusionary rule forbids the use of evidence gotten during a custodial interrogation, but what if no evidence was used in the actual conviction?
Then there is no problem
What are the characteristics of the defendant that would be relevant to determine if a police officer gave enough of a Miranda warning?
- if he was a foreign language speaker
– if he was illiterate
– low IQ
In those cases greater care must be taken to ensure that the defendant understood his rights
If there is only interrogation or custody, has Miranda been triggered?
No, so any statements made would be admissible
If a defendant is provided with an attorney, does he have the right to choose that attorney?
No, he only has the right to have one
Is it possible for police to tell the suspect that there is no way for the police to provide him with an attorney, but that one will be appointed if and when he goes to court?
Yes, because there is no requirement that attorneys are on call. Cops just cannot question the S unless he waives his right to counsel
If police officers wait for the suspect to give a statement and then they give a Miranda warning and then they get more statements, what happens?
It depends on the overlapping content from the first round of interrogation, the completeness and detail of the first round, the time and setting of the first and second rounds, the continuity of the police, the degree that the interrogator’s questions treated the second round as continuous with the first, etc.
If this is done deliberately, there is a presumptive rule of exclusion that is subject to a factor test for time, place, and circumstances from the first statement to the second. If it was just an oversight and the result of good faith Miranda mistake, it might be OK
Can a Miranda warning become stale?
Yes
Is it necessary that fresh Miranda warnings be given every few hours?
No, if the custody is just continuous, but weeks and months would be too long. You don’t need a new warning just for a change in locale, officers, or subject matter. But you do need a new warning to undo coercive conduct after the initial warning
Can a D stop an interrogation at any point?
Yes, but the police officers do not need to say that when they are giving a Miranda warning
