F. Confessions & Privilege Against Self-Incrimination

Question 1

When may you have right to counsel?*

Answer 1

Commencement of Formal judicial proceedings (Federal law/NY)

• D retained/NOT retained right to counsel
• D requested/NOT requested right to counsel

Uncharged individuals (NY)

• D retained lawyer in matter
• D requested lawyer during custody

Question 2

What are D’s rights once he enforces right to counsel?

Answer 2

• NO questioning by police
  on related/NON-related matter
• NO waiver of right to counsel during custody

Question 3

When may D re-litigate an issue at trial?

Answer 3

D’s statement must NOT be suppressed

Question 4

When must D’s statement be suppressed (NOT used at trial)?*

Answer 4

1) Statement given after D’s arrest at home
2) Arrest was predicated on probable cause
3) NO warrant/exigent circumstances

Question 5

When may D’s confession be used?*

Answer 5

D’s statement was voluntarily made

- P has burden to prove beyond reasonable doubt