Statements and Confessions Flashcards
What is voluntariness Approach to admissibility of statements
Statements obtained by actual coercion are involuntary and inadmissible for any purpose
When is coercion triggered for purposes of voluntariness test
Coercion is triggered by government conduct that overbears the free will of the suspect based on the totality of the circumstances .
What are factors contributing to totality of the circumstances analysis regarding coercion
Factors to consider regarding totality of the circumstances as to whether D’s free will was overcome include:
1. D’s age, health, education, intelligence, gender or cultural background
2. the location, duration and physical conditions of the interrogation
3. the number and demeanor of police officers and the suspect’s experience with criminal justice system
4. any deception or trickery by police
What is right to counsel approach regarding admissibility of statements
The deliberate elicitation of a statement from a D is inadmissible unless counsel was present or police obtain a knowing and voluntary waiver
Miranda Rule
Statements obtained as the result of custodial interrogation are inadmissible in the prosecution case-in-chief in the absence of Miranda warnings and valid waiver
Fruits of Illegal Conduct
Statements may be tainted if they are the “but for” consequence of a predicate constitutional violation, including unreasonable search or seizure
5th Amendment Privilege against self-incrimination
No person shall be compelled in a criminal case to be a watness against themselves
When may someone claim absolute privilege to refuse to testify under the 5th A
- D has a real and substantial fear that the testimony will result in self-incrimination or contribute to their criminal conviction
- D asserts the privilege by refusing to testify
When is 5th A privilege against self-incrimination waived
Waiver of 5th A occurs from the mere act of answering police or government questions
Use and Derivative Immunity
Prohibits use of a witness’s testimony or any evidence derived from that testimony against the witness
-may still prosecute witness so long as evidence has no connection to the testimony
Transactional Immunity
Prohibits any future prosecution of the witness for the transaction that is the subject of the testimony
When is the need for a Miranda Warning triggered
Need for Miranda warning is triggered by custody + interrogation
