Pre-Trial Issues: Confessions

Question 1

Main Principle of Confessions

Answer 1

Voluntariness

Question 2

Voluntariness Determined by (4)

Answer 2

(1) totality of circumstances surrounding the statement
(2) age
(3) length of interrogation
(4) force, threats, or deception used

Question 3

Burden of Voluntariness

Answer 3

State

Question 4

Admissibility Involuntary Statements

Answer 4

Always inadmissible even for impeachment

Question 5

Reasons for inadmissibility for Confession (6)

Answer 5

(1) Involuntary
(2) Direct product of miranda violation
(3) Right to counsel has been violated
(4) Direct product of illegal arrests
(5) Unnecessary delay in bringing before magistrate
(6) Violation of Texas Confession statute

Question 6

Miranda warnings Required when

Answer 6

Before custodial interrogation

Question 7

Custody Definition

Answer 7

Reasonable person would believe that he has been deprived of his freedom to a degree associated with a formal arrest

Question 8

Interrogation Definition (2)

Answer 8

(1) Express questions designed to elicit a statement, or

(2) Its functional equivalent (know or should know, is reasonably likely to produce a statement by the accused.

Question 9

Right to Counsel (2)

Answer 9

(1) Once clearly and unambiguously requested counsel, no further interrogation, unless initiates further convo with police
(2) applies to about all other crimes of which suspect may be suspected

Question 10

Miranda Violation Consequences (2)

Answer 10

(1) Not grounds for suppression of physical evidence

(2) if arrest illegal, statement might be admissible if attenuated.

Question 11

Procedure for challenging voluntariness of statement

Answer 11

(1) Motion to suppress
(2) Hold hearing outside presence of jury and make independent finding (Jackson-Denmo hearing)
(3) Court enter an order stating conclusion of law w/ specific findings of fact
(4) Conclusion may not be made known to the jury
(5) If court says voluntary, attorney may still argue involuntariness

Question 12

Texas Written Statements/Confessions Requirement Law (3)

Answer 12

(1) Defendant was given proper miranda rights
(2) Prior to and during the making of the statement, knowingly, intelligently, and voluntarily waved his right, and
(3) Hand written by defendant or signed by the defendant

Question 13

Texas oral Statements/Confessions Requirement Law (6)

Answer 13

(1) electronic recording was made
(2) Defendant received proper miranda warning
(3) Defendant knowingly, intelligently, and voluntarily waved his rights
(4) the recording device was capable of making an accurate recording, the operator was competent, and the recording is accurate and not altered
(5) all voices on the recording are identified
(6) the defense attorney has been given an accurate and complete copy of all recordings at least twenty days prior to trial

Question 14

Generally unrecorded confession statements are inadmissible, except: (5)

Answer 14

(1) confession made in court, before grand jury, or examining trial
(2) Spontaneous statement
(3) oral statement corroborated by other reliable evidence
(4) statement not a product of custodial interrogation
(5) to impeach the credibility of defendant’s testimony

Question 15

Pre-arrest silence v. post

Answer 15

If defendant testifies at trial, his pre-arrest silence is admissible to impeach his credibility but not after he has been arrested