Statements & Confessions Flashcards
What are the 4 basises to exclude statements and confessions?
Statements obtained
- By actual coercion
- When a defendant had right to counsel
- With no Miranda warnings given
- As fruits of illegal conduct
When is a statement produce by coercion admissible?
It is inadmissible for any reason
What factors are weighed in determining if coercion occurred?
- The defendant’s age, health, education, intelligence, gender, and cultural background
- The location, duration, and physical conditions of the interrogation
- Number and demeanor of police officers
- The suspect’s experience with the criminal justice system
And
- The use of deception and trickery
Coercion can manifest in what ways?
- Physical abuse
- Psychological pressure
Or
- Threats of future harm for failing to answer questions.
What does initiation of formal adversarial process (formal charge, indictment, arraignment, or preliminary hearing) trigger?
The 6th Amendment right to the assistance of counsel during all critical stages of the adversarial process.
What is the scope of the 6th Amendment right to the assistance of counsel?
The right extends to all critical stages of adversarial process.
More Info: Scope of the 6th Amendment
What are the critical stages that trigger the 6th Amendment right to counsel?
- Lineups
- Preliminary hearings
- Deliberate elicitation of a statement
And
- Trial
When does a suspect become a defendant?
When they are formally charged
What are the 6th Amendment rights for suspects?
There are no 6th Amendment rights for suspects
What is deliberate elicitation?
Express or implied questioning by the police
Any statements obtained by the police from a defendant related to the crime he is formally charged with are inadmissible, unless what factors are present?
- Lawyer is present
Or
- Has executed a knowing or voluntary waiver
What does questioning by a snitch or informant trigger?
The right to counsel
When is a defendant’s 6th Amendment waiver valid?
- Knew the right he was giving up
And
- Did so without government coercion
The 6th Amendment only bars?
Questioning about the specific events related to what is formally charged
The 5th Amendment provides what right?
Any person called to testify in any proceeding has an absolute privilege to refuse to testify
When can a person refuse to testify?
He has a real and substantial fear that his testimony will result in self-incrimination or contribute to his criminal conviction in the United States.
More Info: Refusal to Testify
What does is the scope of the 5th Amendment protection?
The 5th Amendment applies only to testimonial evidence. It does not permit a witness to refuse to provide other evidence even if it is clearly incriminating (blood, hair, DNA, fingerprints, participation in a lineup, handwriting samples, etc.).
How can the 5th Amendment privilege be waived?
Answering questions from the police of government