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
