con crim pro – confessions

Question 1

14th Amendment

what does the 14th Amendment require for confessions

Answer 1

confessions must be voluntary

Question 2

14th Amendment

how is voluntariness assessed

Answer 2

looking at a totality of the circumstances, including the accused’s age, mental/physical condition, education, and other factors (setting, duration, manner of police interrogation)

Question 3

14th Amendment

what test applies to the 14th Amendment

Answer 3

harmless error –a conviction will not be overturned if overwhelming evidence of guilt supports conviction

Question 4

5th Amendment

what does the 5th Amendment generally protect

Answer 4

right against self-incrimination

Question 5

5th Amendment

what type of statement is not admissible under the 5th Amendment

Answer 5

a statement given in response to police interrogation by an accused individual who is in custody, unless the police have given the accused Miranda warnings, the accused has waived his right to remain silent, and his right to counsel

Question 6

5th Amendment

what are the 2 factors to consider whether an individual is in “custody”

Answer 6

1. whether a reasonable person under the circumstances would feel that he was free to terminate the interrogation and leave
2. if an individual’s freedom is curtailed in this way, must consider whether the environment presents the same inherently coercive pressures as the type of station house questioning

Question 7

5th Amendment

why are ordinary traffic stops not custodial

Answer 7

usually temporary and brief; motorist knows that he typically will be on his way soon

Question 8

5th Amendment

what does “interrogation” include

Answer 8

not only questioning, but other conduct that an officer should know is likely to elicit an incriminating response

Question 9

5th Amendment

what types of statements are not protected under Miranda

Answer 9

a spontaneous statement (detainee is not being elicited for a response)

Question 10

5th Amendment

what are a detainee’s options upon receiving warnings

Answer 10

1. do nothing
2. waive rights
3. invoke right to remain silent and/or right to counsel

Question 11

5th Amendment

what happens if the detainee does nothing after receiving Miranda warnings

Answer 11

court will not presume a waiver, but will not presume detainee has asserted a right to remain silent or consult counsel (police can continue to question)

Question 12

5th Amendment

what is required for a waiver of rights after Miranda warnings

Answer 12

waiver must be knowing and voluntary (police show this by preponderance of evidence)

Question 13

5th Amendment

when can detainee invoke the right to remain silent

Answer 13

at any time prior to or during interrogation

Question 14

5th Amendment

what’s required for invoking right to remain silent

Answer 14

it must be explicit, unambiguous, and unequivocal

Question 15

5th Amendment

what’s required of the police if a detainee invokes right to remain silent

Answer 15

all questioning related to the particular crime must stop (can ask about an unrelated crime, though)

Question 16

5th Amendment

what must the police do with the invocation of the right to remain silent

Answer 16

they must “scrupulously honor” the request –they may not badger the detainee into talking and must wait a significant amount of time before reinitiating questioning

Question 17

5th Amendment

what is required of the invocation of the right to counsel

Answer 17

it must be specific

Question 18

5th Amendment

what is required of police once the detainee has invoked the right to counsel

Answer 18

all questioning related to any crime must stop –they cannot later restart questioning

Question 19

5th Amendment

what can the detainee do later after invoking the right to counsel

Answer 19

reinitiate questioning

Question 20

5th Amendment

what’s the general rule as to evidence obtained in violation of Miranda

Answer 20

evidence is inadmissible under the exclusionary rule

Question 21

5th Amendment

what can be done with statements obtained in violation of miranda

Answer 21

they can be used to impeach D’s testimony, but cannot be used as evidence of guilt

Question 22

5th Amendment

what is the question first, warn later idea

Answer 22

if police intentionally obtained confession before giving warning and then give warnings and obtain a subequent confession, that subsequent confession is inadmissible