Statements and confessions Flashcards
1
Q
Voluntariness
A
DP clause of 5A and 14A. Government overbeers the will of the suspect as determined by totality of the circumstances
2
Q
Right to counsel
A
6A. Triggered by state questioning of defendant formally charged without lawyer present or a knowing/voluntary waiver
3
Q
Miranda rule
A
Suspect must be informed of right to remain silent and right to an attorney. Triggered by custodial interrogation. Can make knowing/voluntary waiver of those rights.
4
Q
Due Process - Identifications
A
ID process was unnecessarily suggestive and created irreparable risk of mistaken ID
5
Q
6A - Identifications
A
Out-of-court, corporeal ID after formal proceedings commence is a critical stage in proceedings –> need attorney
