5A Flashcards
Confessions (14th A)
To be admissible, confessions must be made voluntarily without police coercion, in light of the totality of circumstances.
INCRIMINATING STATEMENTS
- The 5th A, which is applicable to the states via the DP Clause of the 14th A, guarantees freedom against compelled self-incrimination.
- To protect this right, the police must inform their detainees of their Miranda warnings prior to any custodial interrogation.
Incriminating statements - CUSTODY
(Not an issue if detainee is arrested)
A person is in custody when he reasonably believes that he’s not free to leave.
Incriminating statements - INTERROGATION
Interrogation includes any words or conduct by the police that they should know is reasonably likely to elicit an incriminating response.
- Cannot Re-Mirandize unless sufficient break from in custody;
- Suspect must be aware of interrogation (e.g. undercover ok); and
- not needed for spontaneous statements.
Incriminating statements - WAIVER
Must be voluntarily and knowingly made.
Mere silence insufficient.
Right to counsel
If accused unambiguously requests that he wishes to speak to counsel, the police must cease all questioning until a lawyer is present.
Right to counsel - WAIVER
A waiver of the 5th AM right to counsel, does not also waive the 6th AM right to counsel (separate layer triggered only after D has been formally charged or at all critical stages).
SELF-INCRIMINATION
Protects D from compulsion to give testimony or communicative evidence that could expose him to criminal liability.
Must be asserted first time asked, or else waived.
Double jeopardy
The Fifth AM protects an individual from being tried for the same offense twice after jeopardy attaches. Jeopardy attaches when jury sworn in for a jury trial, or when first witness sworn in for bench trial.