Criminal Law

Question 1

Miranda warning

Answer 1

The Fifth Amendment, which is applicable to the states via the Due Process Clause of the Fourteenth Amendment, provides that “no person shall be compelled to be a witness against himself.” The Miranda warnings protect against compelled self-incrimination, and they must be given to anyone in police custody and accused of a crime prior to interrogation by the police. Under Virginia law, if Miranda warnings are not given during a custodial interroga-tion, any statements made by the accused are considered “involuntary,” and are not admis-sible against them at trial in order to demonstrate his guilt. If the police obtain a confession from a detainee without giving them Miranda warnings and then give the detainee warnings
and obtain a subsequent confession, the subsequent confession will be inadmissible if the “question first, warn later” nature of the questioning was intentional. Under Virginia law, if there are subsequent confessions following an involuntary confession, there is a presumption that these later confessions are also tainted. This presumption can only be rebutted by clear and convincing evidence to the contrary

Question 2

Embezzlement

Answer 2

fraudulent conversion of the tangible or intangible personal property of another with intent to deprive the owner thereof by a person who the property was entrusted

Question 2

Custodial interrogation

Answer 2

A person is in custody when (1) a reasonable person under the circumstances would not feel free to terminate the interrogation and leave, and (2) the relevant environment presents the same inherently coercive pressures akin to station house questioning. Interrogation can be express questioning or any words or actions by the police that are likely to elicit an incrimina-tory response from the suspect.