Understanding Miranda

Question 1

There are several amendments in the Bill of Rights that create case law related to when a confession is admissible in a court of law such as?

Answer 1

The 4th Amendment, 5th Amendment, 6th Amendment, and the 14th.

Question 2

What has the 4th Amendment has given us?

Answer 2

Exclusionary Rule, which says that any evidence obtained illegally will be inadmissible in a court of law.

Question 3

What has the 5th Amendment has given us?

Answer 3

“Miranda Warnings” so suspects are protected against self-incrimination.

Question 4

(T/F) Suspects don’t have to talk and admit any wrongdoing.

Answer 4

True, they don’t have to say or admit anything.

Question 5

What has the 6th Amendment has given us?

Answer 5

The “right to counsel.” A person charged with a crime has a right to effective assistance of counsel.

Question 6

What has the 14th Amendment has given us?

Answer 6

Makes all these Amendments apply through the “due process” clause.

Question 7

What are the 5 requirements for good confessions?

Answer 7

1. They must be voluntary and not coerced.
2. Must be made after a legal detention (can’t violate 4th Amendment rights)
3. There cannot be an unnecessary delay between arrest and arraignment (McNabb-Mallory Rule) (6 hours)
4. Custodial interrogations that elicit a confession must have valid Miranda Warnings prior to the confession.

Question 8

The due process test of whether or not the confession is voluntary has two parts, which are?

Answer 8

The conduct of the officer and the effect of the officer’s conduct on the suspect.

Question 9

A confession is not voluntary if it is what?

Answer 9

coerced by threats, intimidation, or pressure that makes the suspect make a statement that he would not ordinarily make.

Question 10

The amount of pressure used and whether or not that pressure effects the voluntary nature of the statement is judged by looking at all the circumstances (totality of the circumstances) with emphasis on 3 things which are?

Answer 10

1. The pressure exerted by the police
2. The suspect’s degree of susceptibility
3. The conditions under which the interrogations took place

Question 11

What must be made after a legal detention?

Answer 11

Miranda Warnings.

Question 12

If the police barge into your home, without a warrant, in violation of the 4th Amendment, and arrest you illegally, should any confession you make be allowed to be used in court?

Answer 12

Absolutely not! If we were to allow that type of misconduct by police, no one would be safe. It is circumstances like these that brought us the exclusionary rule.

Question 13

What’s important to remember when it comes to the purpose of the exclusionary rule?

Answer 13

That it gives us the right to punish police for wrongdoing by not allowing evidence obtained illegally to be used. This deters police misconduct.

Question 14

If you confess to a crime after an illegal detention, the court will look at 3 factors to decide if your confession can be used, which are?

Answer 14

1. The time between the illegal detention and your confession.
2. If there was a lengthy time between the illegal detention and confession, did the suspect decide to confess based on free will? Was it voluntary? Had he talked with family members or an attorney and then decided to confess?
3. The purpose and flagrancy of the police misconduct

Question 15

Serious violation and flagrant misconduct by police will almost always rule the confessions to be __________ in court.

Answer 15

Inadmissable.

Question 16

What two factors determine when Miranda Warnings must be given?

Answer 16

1. The suspect must be arrested or restrained to the extent of a formal arrest.
2. Police ask investigative questions or take actions they know will incriminate the suspect.

Question 17

You are required to give the Miranda warnings if the suspect is what?

Answer 17

IN CUSTODY and you are going to ASK QUESTION or INTERROGATE the suspect.

Question 18

What do we use to determine if the suspect was “in custody”?

Answer 18

The “reasonable” man test.

Question 19

The most important aspects of “custody” are…?

Answer 19

The time, place, and manner of the interrogation.

Question 20

What are some indicators that a suspect might be considered to be “in custody”?

Answer 20

1. Questioning has been prolonged
2. Surroundings are isolated
3. Threatening presence of multiple officers
4. Weapons are displayed by officers
5. Officers touch the suspect
6. Officers have hostile demeanor, use intimidating voice or language
7. Suspect is restrained by handcuffs
8. Telling the suspect you have evidence of guilt

Question 21

(T/F) Statements suspects make when not being questioned are not admissible.

Answer 21

False, they are. If they blurt out that they committed a crime and you have not begun EXPRESS DIRECT QUESTIONING, those statements are admissible whether or not you have already given them their Miranda Warnings.

Question 22

If police are confronted with a set of circumstances that puts the community at risk, do they have to give Miranda Warnings before asking questions?

Answer 22

No, not if the answer would remedy the public safety issue.

Question 23

What are the 3 things you must prove after giving Miranda Warnings?

Answer 23

1. That you gave the warnings
2. That the suspect understood the warnings
3. That the suspect VOLUNTARILY agreed to answer questions

Question 24

After giving the Miranda Warnings, if the suspect does not tell you that he wants to remain silent or wants to have a lawyer and at some point answers a question, what does that mean?

Answer 24

That their statements ARE ADMISSIBLE in court.

Question 25

If the suspect invokes his right to remain silent and not answer questions or requests a lawyer, what happens?

Answer 25

QUESTIONING MUST STOP.

Question 26

If at some later time the suspect desires to talk to the police, he can do what

Answer 26

Contact the police and waive his rights and offer a statement.

Question 27

(T/F) A suspect can’t answer questions with counsel present.

Answer 27

False, they can.

Question 28

Is there permanent immunity from interrogation?

Answer 28

No, there’s not. Protection ends if there is a significant break in custody (14 days).

Question 29

The 6th Amendment provides a right to…?

Answer 29

a lawyer for criminal prosecutions, specifically the “effective assistance of counsel.”

Question 30

The right to have a lawyer attaches when?

Answer 30

At arraignment (hearing where defendant is informed of charges, bail is set), indictment by grand jury, information filed by prosecutor, or at a preliminary hearing.

Question 31

Once a suspect reaches a certain point in the prosecution, police cannot question without…?

Answer 31

a lawyer present or a VALID WAIVER from the suspect.

Question 32

People who cannot afford to pay a lawyer (Indigent) have a right to…?

Answer 32

appointed counsel at any CRITICAL STAGE in the prosecution.

Question 33

When does the 6th Amendment right to counsel apply?

Answer 33

The 6th Amendment right to counsel applies after a criminal prosecution has been initiated.

Question 34

What are some examples of events that trigger the 6th Amendment right to counsel?

Answer 34

Examples include a preliminary hearing, the filing of an information by a prosecutor, the return of an indictment by a grand jury, or an arraignment.

Question 35

What is the essential nature of the proceeding that triggers the 6th Amendment right to counsel?

Answer 35

The proceeding must be an adversarial confrontation between the government and the accused.