VI.(E) 5th Amendment - Confessions Flashcards
When may a defendant object to admissibility of their confession?
(1) If given involuntarily or
(2) was obtained in violation of their Miranda rights
What is the Miranda warnings rule?
The fifth amendment protects against self-incrimination.
Prior to any CUSTODIAL INTEROGATION police must (1) read the person their Miranda warnings (that they have the right to remain silent and the right to an attorney) and (2) obtain a waiver.
When is a person deemed in “custody”?
OBJECTIVELY did not REASONABLY BELIEVE they were free to TERMINATE THE ENCOUNTER.
Need not be informed of an arrest or warrant.
Won’t include: (1) voluntary discussions, (2) routine traffic stops and (3) probation/tax audit interviews.
What is deemed an “interrogation”?
Any conduct the policy KNEW OR REASONABLY SHOULD HAVE KNOWN was likely to ELICIT AN INCRIMINATING RESPONSE.
Defendant must have known a government agent was interrogating them - so a confession to an informant will be fair game.
Who has the burden for exercising Miranda warnings and rights?
Policy hold the burden of proof that they gave Miranda warnings.
However, the suspect has the burden of CLEARLY and UNENEQUIVOCALLY waiving their rights.
For example, “I think I need a lawyer” - won’t be sufficient.
Can the police continue to question after Miranda is exercised?
Not regarding that crime. But if they haven’t asserted a right to counsel policy may read rights and obtain Miranda waiver for other unrelated crimes.
Can the police continue to question after Miranda is exercised?
Not regarding that crime. But if they haven’t asserted a right to counsel policy may read rights and obtain Miranda waiver for other unrelated crimes.
When does the right to counsel requirement kick in and how long does it last for?
Only applies if questioning is going to occur, so if they bring them into custody but don’t question, there’s no violation of this requirement.
If they have invoked UNAMBIGIOUSLY - even if police want to question about a different crime - policy are required to provide an attorney to interrogate or can try to obtain a waiver by asking again.
Requirement to honor last 14 days after release from custody.
What are the exceptions for Miranda warnings?
(1) Public safety - REASONABLE concern (must still be voluntary)
(2) Spontaneous statement - NOT in response to interrogation
(3) Stop & frisk
(4) Subpoenaed as witness in grand jury proceedings
(5) Substantial compliance - don’t need to be verbatim
If the police have arrested someone, in addition to a wingspan search, they can also question regarding the LOCATION OF ANY WEAPONS without Miranda warnings - if necessary because they believe they might pose immediate danger.
What is the 5th amendment privilege regarding testifying?
Under the 5th amendment everyone has a right to refuse to testify in a civil or criminal trial if a response might TEND TO INCRIMINATE them (or lead to discovery of incriminating physical evidence).
What are the key rules regarding invoking testimonial privilege?
- Waivers: If they waive this in a civil trial, can’t enact in a criminal trial, if they take the stand at all, they waive it
- Judge and prosecution are constitutionally prohibited from making negative comments based on invoking this right.
What are the two form of testimonial “immunity”?
Use and Derivative Use Immunity - to compel someone to give potentially incriminating evidence (i.e., to prosecute someone else) can give this waiver that the testimony given won’t be used against them - but if incriminating evidence is derived from another independent source, it’s admissible.
Transactional Immunity - the non-granting sovereign may still prosecute them for related crimes, but cannot use the immunized testimony.
