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Flashcards in 5th Amendment Deck (13)
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0
Q

Confessions

A

An accused’s 5th amendment rights are violated when prosecution uses at trial evidence of the accused’s own incriminating words that were “deliberately elicited” after commencement of adversarial proceedings in the absence of the defendant’s counsel

1
Q

privilege against self incrimination

A

A person shall not be compelled in any criminal case to be a witness against himself.

2
Q

Custodial interrogation

A

This refers to the questioning initiated by law enforcement officers after the person has been taken into custody or otherwise deprived of his freedom in a significant way

3
Q

Custody

A

The standard is whether, based upon the totality of circumstances, and assessed objectively, there was a formal arrest or restraint of freedom of movement of the degree associated with a formal arrest. Objective indicia of custody include, but are not limited to: (1) formal arrest (2) prolonged detention (3) demeanor of police officers and the ratio of officers to suspects

4
Q

Interrogation

A

Any direct or express questioning about the crime being investigated.

5
Q

Interrogations

A

Any statement, whether inculpatory or exculpatory, made by a suspect as a result of the custodial interrogation may not be used against the suspect in a criminal trial, unless it is shown that the police provided procedural safeguards to secure the suspect’s 5th amendment privilege against self-incrimation.

6
Q

Exclusionary rule

A

(1) impeachment of defendant: stmts obtained in violation of Miranda can be used to impeach defendant at trial if he testifies inconsistently with the custodial stmt. (2) the “fruit of the poisonous tree” doctrine does not apply to Miranda violations.

7
Q

Coerced confessions

A

Stmt obtained by police from a suspect as the result of coercion is inadmissible at trial in violation of the due process clause and 5th amendment privilege against self-incrimination. Gvt agent must be coercing the confession. Factors in determining voluntariness: use or threatened use of force, use of psychological factors, promise of leniency in exchange for a confession, and use of deception to secure a confession.

8
Q

Miranda

A

For a confession to be admissible under the 5th amendment privilege against self-incrimation, a person in custody must, prior to interrogation, be informed in substance that (1) he has the right to remain silent (2) anything he says can and will be used against him in court (3) he has the right to the presence of an attorney, and (4) if he cannot afford an attorney, one will be appointed for him if he so desires. This warning must be given (1) when anyone is in custody by a gvt agent and accused of a crime, and (2) prior to an interrogation by the police.

9
Q

Waiver

A

Accused may waive privilege against self-incrimination and/or right to counsel. Waiver must be: voluntary, knowing, and intelligent. Can only occur after Miranda warnings given. Prosecution must prove validity of waiver by preponderance of evidence. Waiver must be expressly stated or implied by the accused’s words or conduct. Exceptions: threat to public safety, suspect unaware he is speaking to officer (covert interrogation), booking questions.

10
Q

Right to silence

A

Suspect may enforce this right in any manner and at any time prior to or during questioning by indicating he wishes to remain silent. Interrogation must then cease.

11
Q

Right to assistance of counsel

A

If accused indicates he wishes to consult an attorney at any time prior to or during questioning, interrogation must cease. Police may not reinstate communication unless the accused’s counsel is present.

12
Q

Gvt agent

A

Waiver not applicable if undercover agent elicits incriminating info