Statements and Confessions Flashcards
basis to exclude a statement: voluntariness approach
to be admissible, must be voluntary based on TOC (age, sex, edu, ment/phys health)
-comes from DPC 5 & 14A
basis to exclude a statement: right to counsel approach
statements made during any “critical stage” of crom proceeding inadmissible unless D is afforded rt to counsel.
-comes from 6A rt to counsel
basis to exclude a statement: Miranda
statements made during custodial interrog inadmissible in absence of miranda warnings
- comes from 5A priv against self incrim
basis to exclude a statement: fruits of illegal conduct
vol statements obtained as fruits of prior illegal searches and seizures are inadmissible
-comes from 4A exclusionary rule
if po trick/ decieve/ lie to S and get a statement, is it voluntary?
yes unless coercive or prom of dropping charges
when D has transactional or use immunity, __ is eliminated
priv against self incrim
the miranda rule says that
no statement made by a D will be admitted into ev unless, prior to custodial interrogation, D is given certain warnings:
- rt to remain silent
- anything he says can be used against him in court
- rt to presence of an atty
- if he can’t afford one, one will be provided for him
to determine whether someone is in custodial interrogation: subjective or objective?
objective- subjective factors are not considered
statements elicited in violation of miranda can/ can’t be used for
can’t: case in chief of pros
can: impeach D’s testimony
waiver of miranda rights: silence
usu can’t be presumed from D’s silence
to show vol waiver of miranda rts, pros must show
waiver was vol, knowing, intelligent
D says he wants to remain silent, how can po resume questioning?
sig period of time to elapse
fresh set of miranda warnings
D requests an atty, how can po resume questioning?
wait for atty to get there
can’t resume questioning- but D col initiates a discussion beyond just asking to go to the bathroom or something
