Fifth Amendment -- Miranda General

Question 1

What are your Miranda Rights?

Answer 1

Police must read to a defendant once they are in custody and subject to interrogation that:

1. They have a right to remain silent;
2. Anything they say can and will be used against them;
3. They have a right to an atty present; and
4. They have a right to a free atty.

Question 2

What are the policy justifications for Miranda Rights

Answer 2

To protect against compulsion in a police dominated environment.

To protect against self-incrimination and the right to refuse to testify. [A prosecutor cannot use a D’s invocation of the 5 A against them.]

Question 3

What does the 5 A apply to?

Answer 3

The 5 A applies to statements which result from an interrogation that are:

1. testimonial;
2. incriminating; and
3. compelled.

Question 4

When must an O read the D his Miranda Rights?

Answer 4

When the D is:

1. In “custody;” and
2. Subject to interrogation.

Question 5

What is required for a D to waive his Miranda Rights?

Answer 5

The waiver must be:

1. Knowing;
2. Voluntary; and
3. Intelligent.

NOTE: the Miranda Warnings typically give knowing and intelligence, so we mainly analyze VOLUNTARINESS.

IMPLIED WAIVERS ARE OKAY.

Question 6

Do we take into consideration the 14 A and TOC when assessing a Miranda Waiver?

Answer 6

Yes, we assess the waiver factors under a TOC, look at:

1. Age & Experience;
2. Number and clarity of warnings;
3. Duration of custody pre-waiver;
4. Techniques of Questioning and obtaining waiver;
   (a) Relays of officers or mutt & Jeff [good cop bad cop]
5. Food, water, sleep deprivation;
6. Intelligence of D;
7. D’s prior experience with law enforcement.

Question 7

What must happen if the D asserts his Miranda Rights?

Answer 7

If D asserts his:

1. right to remain silent THEN questioning must immediately stop;
2. right to an atty THEN questioning must cease immediately.

Question 8

Is it a 5 A violation when someone is a cellie with an undercover cop?

Answer 8

No, but it could be a 14 A violation.

Question 9

What are the steps of a Miranda Analysis?

Answer 9

Step 1: Were police required to read Miranda Warnings?
—— Custody ++ Interrogation

Step 2: Was there a valid waiver?
—— Knowing, intelligent, voluntary
—— Implied or express

Step 3: Was there an assertion?

Step 4: Did it lead to subsequent discovery of evidence?

Question 10

Do D needs to be informed of his 5 A rights in order to waive them?

Answer 10

Yes, unlike the 4 A, pursuant to Sneckloth v. Bustamonte the defendant must be informed of his 5 A rights before the suspect can waive them.