Confessions Flashcards
(16 cards)
Confessions
Confessions must be voluntary
* Voluntariness determined by totality of circumstances
Harmless Error Test
Conviction need not be overturned if overwhelming evidence of guilt
6th Amendment right to counsel
Defendant is entitled to attorney** during all critical stages of prosecution after formal proceddings have begun**
* Post-indictment interrogation, whether or not custodial
* Preliminary hearings to determine probable cause to prosecute
* Arraignment
* Post-charge lineups
* Guilty plea and sentencing
* Felony trials
* Misdemeanor trials when imprisonment is actually imposed or when a suspended jail sentence is imposed
* Overnight recesses during trial
* Appeals as a matter of right
* Appeals of guilty pleas
When 6th Amendment right to counsel is not applicable
- Blood sampling
- Taking of handwriting or voice exemplars
- Precharge or investigative lineups
- Photo identifications
- Preliminary hearings to determine probable cause to detain
- Brief recesses during the defendant’s testimony at trial
- Discretionary appeals
- Parole and probation revocation proceedings
- Post-conviction proceedings
Offense Specific (6th Amendment right to counsel)
Right to counsel applies only to specific charge for which defensant was retained
* D may be questioned on an unrelated charge
Waiver (6th Amendment right to counsel)
The waiver must be knowing and voluntary. However, the waiver does not necessarily require the presence of counsel, at least if counsel has not actually been requested by the defendant but rather was appointed by the court.
Remedy (6th Amendment right to counsel)
At nontrial proceedings (such as post-indictment interrogations), the harmless error rule applies to deprivations of counsel.
* But if the defendant was entitled to a lawyer at trial, the failure to provide counsel results in automatic reversal of the conviction, even without a showing of specific unfairness in the proceedings.
* Similarly, erroneous disqualification of privately retained counsel at trial results in automatic reversal.
Miranda Warnings (5th Amendment privilege against compelled self-incrimination)
Required when person in custodial interrogation
Person must be told:
* Right to remain silent
* Anything said can be used against them in court
* Right to attorney
* If person can’t afford attorney, one will be appointed
Governmental Conduct (Miranda Warnings)
Generally, Miranda warnings are necessary only if the detainee knows that they are being interrogated by a government agent. The warnings are not necessary when the detainee is being interrogated by an informant whom the defendant does not know is working for the police.
* Inapplicable at Grand Jury Hearing: The Miranda requirements do not apply to an uncharged witness testifying before a grand jury, even if the witness was compelled by subpoena to be there.
Custody (Miranda Warnings)
- Whether reasonable person would feel free to terminate interrogation and leave; and
- Whether environment presents same inherently coercive pressures as station house questioning
Objective test
Interrogation (Miranda Warnings)
Any words or conduct by police that they should knwo would likely elicit an incriminating response
* Miranda warnings not required before spontaneous statements
Right to waive rights or terminate interrogation
After receiving Miranda warning:
* Do nothing
* Waive miranda rights
* Assert right to remain silent
* Assert right to counsel
Waiver must be knowing and voluntary
Courts will employ totality of circumstances test
Invoking the Right to Remain Silent
- Must be unambiguous
- Police must scrupulously honor request by not badgering detainee
Invoking Right to Counsel
Must be unambiguous
All questioning must cease until the accused:
* Is given an attorney
* Initiates further questioning
Prohibition against questioning lasts the entire time the detainee is in custody plus 14 days after detainee is out of custody
Effect of Miranda Violation
- Evidence generally inadmissible
- Statements may be used to impeach defendant’s trial testimony but not as evidence of guilt
- Public Safety Exception: Police can interrogate without Miranda warnings when reasonably prompted by concern for public safety
Pretrial Identification (6th Amendment Due Process)
Defendant can attack identification if:
* It is unnecessarily suggestive; and
* There is substantial likelihood of misidentification
Remedy for unconstitutional identification is to excluse it
* But witness may make in-court identification if it has an independent source
