The Voluntariness Test Flashcards
What is the logical analysis for the Miranda and Voluntariness Tests?
1) Involuntariness Test
a) The state cannot use the words in any manner, no testimony, evidence, impeachment, nothing.
b) Putane Case - Involuntariness applies always, whereas Miranda violations occurs at trial and not during interrogations.
2) Miranda
If an attorney loses the motion to suppress, can they still argue the evidence shouldve been suppressed to a jury?
Yes. The court holds that an attorney can lose the suppression motion and still try to convince the jury tat the statement was involuntary because they are the trier of fact.
If the individual makes a confession due to a mental issue, will the confession be suppressed under Colorado v. Connelly (1986)?
No. A confession will not be suppressed because something is wrong with the individual. For a confession to be involuntary requires the state to take a bad action.
