Criminal Procedure: Confessions

Question 1

What are the three federal constitutional challenges to exclude a confession?

Answer 1

1. 14th Amend. due process clause
2. 6th Amend. right to counsel
3. 5th Amend. miranda doctrine

Question 2

How do we exclude confessions under the due process clause?

Answer 2

Confession must be voluntary, which means not product of police coercion

Question 3

How do we exclude confessions under the 6th amendment right to counsel clause?

Answer 3

Attaches when D formally charged, but only to charged activity (can still be interrogated re: uncharged)

Question 4

When does the NY indelible right to counsel act to exclude a confession?

Answer 4

Attaches whenever there is significant judicial activity before filing of accusatory instrument such that D may benefit from presence of counsel

If D taken into custody for questioning on charge AND police aware has representation on that charge, may not question about that charge OR any other charge without attorney present

Waiver must take place in presence of attorney

Question 5

What are Miranda warnings?

Answer 5

A right to silence given by police to suspects in custody or custodial interrogation before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

Question 6

When are Miranda warnings necessary?

Answer 6

1. When in custody: if atmosphere is characterized by police domination and coercion such that his freedom of action is limited in significant way
2. Interrogation: any conduct police know or should know would be likely to elicit an incriminating response

BUT if custodial interrogation prompted by immediate concern for public safety, unnecessary and all statements admissibl

Question 7

What is a valid Miranda waiver?

Answer 7

1. Knowing and intelligent: suspect understands nature of rights AND consequences of abandonment
2. Voluntary: not product of police coercion

Burden of proof is preponderance of the evidence

NY: if police use deception to keep parent away from interrogated child, waiver may be invalid

Question 8

When suspect invokes right to silence, can police resume questioning later?

Answer 8

Yes, provided they scrupulously honor earlier request not to answer questions AND obtain valid Miranda waiver before initiation

Question 9

What happens when suspect requests counsel?

Answer 9

All interrogation must cease unless initiated by suspect; not offense specific, so ALL topics off the table outside presence of suspect’s attorney

Question 10

What happens to the physical fruits of Miranda violations?

Answer 10

Failure to give suspect Miranda warnings does NOT require suppression of physical fruits of incriminating statements, provided they are voluntary

Question 11

When is evidence of confession that has been excluded admissible?

Answer 11

Never in the prosecutor’s case in chief but you can use it to impeach the defendant under a prior inconsistent statement under cross examination

Question 12

Are subsequent statements also excluded if there has been a Miranda violation?

Answer 12

Subsequent statements admissible if initial Miranda violation not obtained through use of inherently coercive police tactics

Question 13

What if Miranda-violative material improperly admitted at trial and D convicted?

Answer 13

Verdict stands if government can prove, beyond reasonable doubt, that error was harmless because D would have been convicted without tainted evidence