Themis Essay 4528

Question 1

Under the Fifth Amendment, an incriminating statement obtained as the result of custodial interrogation may not be used against the suspect at a subsequent trial unless

Answer 1

the police provided procedural safeguards effective to secure the privilege against self-incrimination (i.e., informed the suspect of his Miranda rights).

Question 2

A Miranda violation does not automatically require the suppression of incriminating statements which are

Answer 2

made by the defendant after subsequently receiving a Miranda warning.

Question 3

The U.S. Supreme Court has held that a second confession may be suppressed when

Answer 3

the circumstances indicate that the substance of Miranda has been drained away.

Question 4

Objective Test for Miranda Suppression (SCOTUS plurality):

Answer 4

whether a reasonable person in the suspect’s position would not have understood the Miranda warnings to convey a message that the suspect retained a choice about whether to remain silent.

Question 5

Subjective Test for Miranda Suppression (single deciding justice):

Answer 5

whether the police acted with an intent to circumvent the purpose of the Miranda warnings.