Confessions

Question 1

All confessions must be . . .

Answer 1

voluntary

Question 2

How is the voluntariness of a confession determined?

Answer 2

by the totality of the circumstances

Question 3

A defendant is entitled to an attorney at all _______________ of a prosecution after formal proceedings have begun.

Answer 3

critical stages

Question 4

Is the defendant entitled to an attorney at an arraignment?

Answer 4

yes

Question 5

Is the defendant entitled to an attorney at the taking of one’s blood?

Answer 5

no

Question 6

Is the defendant entitled to an attorney at a post-charge line up?

Answer 6

yes

Question 7

Is the defendant entitled to an attorney at sentencing?

Answer 7

yes

Question 8

Is the defendant entitled to an attorney at a felony trial?

Answer 8

yes

Question 9

Is the defendant entitled to an attorney at one’s handwriting sample being taken?

Answer 9

no

Question 10

Is the defendant entitled to an attorney at a precharge lineup?

Answer 10

no

Question 11

Is the defendant entitled to an attorney at a preliminary hearing?

Answer 11

yes

Question 12

Is the defendant entitled to an attorney at a parole revocation hearing?

Answer 12

no

Question 13

Is the defendant entitled to an attorney at a photo identification?

Answer 13

no

Question 14

To what crimes of a defendant does one’s appointed counsel apply to?

Answer 14

only the offenses for which the counsel was appointed. A defendant can be questioned on other charges unrelated to the charge for which the counsel was appointed.

Question 15

What is the remedy for an unconstitutional pretrial identification?

Answer 15

to exclude the evidence at trial

Question 16

What can the government do to prevent an unconstitutionally obtained identification of a defendant from being excluded?

Answer 16

the government can show that it has an adequate independent source for that in court identification.

Question 17

What is the most common independent source?

Answer 17

that the victim or witness had an adequate opportunity to observe the defendant at the time of the crime.

Question 18

What is the result of a defendant being denied his Sixth Amendment right to counsel at trial?

Answer 18

his conviction will automatically be overturned.

Question 19

What is the result of a defendant being denied his Sixth Amendment right to counsel at non-trial proceedings?

Answer 19

the reviewing court will apply the harmless error test to determined whether the denial of counsel prejudiced the defendant’s case.

Question 20

Miranda warnings are required when a defendant is in . . .

Answer 20

custodial interrogation.

Question 21

What are the Miranda warnings?

Answer 21

you have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to an attorney; if you cannot afford an attorney, one will be appointed for you.

Question 22

Miranda warnings only apply to interrogation by . . .

Answer 22

the publicly paid police

Question 23

Do Miranda warnings apply to interrogations by informants working for the police who the defendant does not know is working for the police?

Answer 23

no

Question 24

When is someone in custody?

Answer 24

if at the time of the interrogation, a reasonable person would not feel free to leave; i.e. does the situation present the same inherently coercive pressures as a station house interrogation?

Question 25

When is one being “interrogated?”

Answer 25

under Miranda, a person is being interrogated when there is any conduct where the police knew or should have known that they might elicit an incriminating response from the suspect.

Question 26

Are Miranda warnings required before a spontaneous statement?

Answer 26

no

Question 27

A Miranda waiver must be made ________________________.

Answer 27

knowingly and voluntarily.

Question 28

How is the voluntariness of a Miranda waiver determined?

Answer 28

the totality of the circumstances

Question 29

Invoking the right to silence must be ___________.

Answer 29

unambiguous

Question 30

When can the police reinitiate questioning of a defendant who has previously asserted his right to remain silent?

Answer 30

when the police have 1) waited a significant amount of time; 2) the person has been re-Mirandized; and 3) the questions were limited to a crime that was not the subject of the earlier questioning.

Question 31

The request for counsel must be . . .

Answer 31

unambiguous

Question 32

If the accused has requested their attorney, all questions must cease until . . . .

Answer 32

1) the defendant’s attorney is present; or 2) the defendant initiates further questioning.

Question 33

How long does the prohibition against questioning a detainee after he requests his counsel last?

Answer 33

the entire time he is in custody, plus 14 days after the detainee is released from custody.

Question 34

Evidence obtained in violation of Miranda is _______________.

Answer 34

generally inadmissible

Question 35

When can a confession obtained in violation of Miranda be admissible at trial?

Answer 35

it may be used 1) to impeach the credibility of a defendant’s testimony if the defendant takes the stand at trial; or 2) when the questions were reasonably prompted by concern for public safety, even though the defendant is in custody and Miranda warnings are not given.