Statements, Confessions, and Miranda Flashcards
What is the voluntariness approach?
statements obtained by actual coercion are involuntary and inadmissible for any purpose.
What is the constitutional basis/trigger test for the voluntariness approach?
Due process clause of 5th and 14th amendments: Triggered by government conduct overbearing the free will of the suspect. Look at the totality of the circumstances.
What is the right to counsel approach?
deliberate elicitation of a statement from a formally charged D is inadmissible unless counsel was present or police obtained a knowing and voluntary waiver.
What is the constitutional basis/trigger test for the right to counsel approach?
6th amendment right to counsel: Triggered by direct or surreptitious police questioning of D without lawyer present or waiver.
What is the Miranda rule?
statements obtained as a result of custodial interrogation are inadmissible in prosecutor’s case in chief without warning and valid waiver.
What is the constitutional basis/trigger test for the right to the Miranda rule?
5th Amendment Privilege against Self-Incrimination: Triggered by custody + interrogation. Did suspect make a knowing and voluntary waiver?
What is the fruits of illegal conduct approach?
Statements that comply with 3 tests above may still be tainted if they are the but for consequences of a predicate constitutional violation such unreasonable search/seizure.
What is the constitutional basis/trigger test for the fruits of illegal conduct approach?
Fruit of the poisonous tree doctrine: Triggered by a but for link between constitutional violation + police obtaining statement.
What factors of coercion are considered in the voluntariness approach?
Totality of circumstances:
1) D’s age, health, education, intelligence, gender, cultural background.
2) location, duration, and physical conditions of interrogation
3) number and demeanor of police officers, suspects experience with criminal justice system
4) deception and trickery by police
For the 6th amendment right to counsel approach, what falls under formal adversarial process?
formal charges, indictment, arraignment, or preliminary hearing
What falls under “all critical stages” for the 6th amendment right to counsel approach?
deliberate elicitation of statements, physical lineup, preliminary hearing and trial
Any statement obtained by police from D related to the crime his is formally charged with is inadmissible unless:
1) his lawyer was present; or
2) he executed a a knowing and voluntary waiver
5th amendment privilege against self-incrimination:
No person shall be compelled in a criminal case to be a witness against self
5th amendment absolute privilege to refuse to testify when:
1) D has a real and substantial fear that testimony will result in self-incrimination or contribute to his criminal conviction +
2) D asserts privilege by refusing to testify
What constitutes a waiver under 5th amendment?
mere act of answering police or government questions