Confessions, Interrogation, And Miranda Rule

Question 1

What is “ Voluntariness”

Answer 1

Test used to determine whether a confession would be admissible at trial

Question 2

How can confessions be coerced?

Answer 2

Promises

Threats

Use of brutality

Question 3

Brown V. Mississippi

Answer 3

Obtaining a confession through “extreme brutality,” violations of the 14th Amendment

Question 4

Harris V. South Carolina

Answer 4

Custody for 5 days, interrogation on and off for 3 days, then threatened to arrest his mother in which he gave a an involuntary confession.

Question 5

U.S. V. Giddens

Answer 5

The state has the burden of proof, and there was an issue with his voluntariness of his confession/statement

Question 6

True or False; Voluntariness is REQUIRED for all confessions.

Answer 6

True

Question 7

Custody

Answer 7

Taken into custody or otherwise arrest, deprived of his/her freedom of action in any way.

Question 8

5th Amendment

Answer 8

NO person, shall be compelled in any criminal case to be a witness against himself.

Question 9

Interrogation

Answer 9

Questioning or the “functional equivalent” initiated by law enforcement

Question 10

True or False; custody + interrogate = Miranda warning

Answer 10

True

Question 11

True or False; If someone invokes their right anytime during an interrogation/questioning we MUST STOP?

Answer 11

True

Question 12

Do traffic stops need Miranda?

Answer 12

NO, because a traffic stop is a temporary detention/not custody under Miranda

It’s investigative detention

Question 13

Berkmer V. McCarty

Answer 13

Miranda must be given to ALL custodial interrogations

Question 15

Pennsylvania V. Bruder/State V. Peele

Answer 15

Field Sobriety test don’t fall under Miranda

Question 16

What are the situations that don’t constitute “interrogation”

Answer 16

Neutral Questions

Routine Booking Questions

Gathering Non-Testimonial evidence
-fingerprints
-blood/hair samples
-DNA
-Routine Sobriety Test
-Handwritting Samples
-Voice Exemplars

Question 17

Wording used for Miranda warning

Answer 17

No requirement for specific or particular wording

It was reasonably conveyed

Question 18

Waiver requirements for Miranda Rights

Answer 18

Knowing

Intelligent

Voluntary

Question 19

Refuse to sign a waiver

Answer 19

Verbal waiver is sufficient, but written is better

Question 20

True or False; even if accused waives right and they still talk, anything is fair game.

Answer 20

True

Question 21

Initial failure to administer Miranda Warning

Answer 21

Everything said prior to finally warning the accused is inadmissible

Question 22

When a suspect express Invocation

Answer 22

Suspect MUST clearly state that he wants Miranda protection.

Simply being silent doesn’t invoke your right

Once invoked interrogation stops

You can wait 2 hours then go back and
-Ask about a different crime
-use another Leo
-use different room
-RE-MIRANDIZE

Question 23

True or False; the accused can re-initiate with LE whenever they want.

Answer 23

True

Question 24

What happens when the accused invokes their right to counsel.

Answer 24

Officers may NOT initiate at all the whole time he/she is in custody.

Question 25

What is break in custody

Answer 25

After 14 days LE could go back and interrogate even after accused invoked his right to counsel

Question 26

True or False; rights belong to the suspect and not someone that asserts those right over you?

Answer 26

True

Question 27

What is the Public Safety Exception

Answer 27

NO Miranda warnings are required when officers can justify safety of themselves and others Need MUST BE sufficiently GRAVE AND IMMEDIATE Once the EMERGENCY is over, Miranda Applies

Question 28

True or False; the use of trickery or deception/ mis-representation is a deplorable practice and is a relevant factor for determining “Voluntariness”

Answer 28

True

Question 29

6th Amendment

Answer 29

In all criminal prosecutions, the accused has the right to counsel. Constitution afforded them this right to “even the playing field”

Question 30

When does the 6th Amendment attach

Answer 30

When prosecution commences Federal Court- post indictment State Court- bond hearing