Interrogations Flashcards
(39 cards)
Base rule for involuntary confessions
Involuntary confessions are inadmissible. Period.
- to admit an involuntary confession as evidence against the accused is to violate the 5A and 14A requirement of due process of the law.
Involuntary confessions are both an affront to human dignity and not reliable.
What does it mean for a statement to be voluntary?
FACT SPECIFIC based on the totality of the circumstances including tactics, details of interrogation, and characteristics of suspect that might make the suspect’s will more easily overcome.
Examples
1. Pattern of being held for a long time with little break, bright lights, little food, etc.
Is the statement voluntary?
Officer intent
When officer’s intent is clearly to extract a confession rather than focusing on solving a crime, the confession must be examined with the most careful scrutiny.
Is the statement voluntary?
Promise of lenient treatment
Promises of lenient treatment (I’ll only give you 2 months if you confess) does not automatically render the confession involuntary, but is a factor considered in the totality of the circumstances test.
Is the statement voluntary?
Arizona v. Fulminante
Close to the line of what it takes to be coercive
Undercover agent in jail with him. “I see you’re starting to get some tough treatment and whatnot” from other inmates because of the rumor he [committed the crime of killing a kid]. I will protect you from the other inmates in you tell me about it.
Credible threat of physical violence. Doen’t need actual violence. Credible threat is enough.
Is the statement voluntary?
Mental illness
Only government action can render a statement involuntary. Mental condition, by itself and apart from any relation to official coercion cannot be violations of due process voluntairness requirement (Colorado v. Connelly)
- This includes like “voices in my head/god told me to confess”
Mental illness can be a factor considered though if there was some coercive state action.
When does the Miranda rule apply?
ONLY during “custodial interrogations”
Suspect must be (1) in custody and (2) being interrogated
Miranda analysis flow cart
- Custodial interrogation?
- Were the rights conveyed sufficiently?
- Did the suspect waive?
3.5. Did the suspect invoke his rights?
Silence
— how long has it been?
Attorney
— Was there a break in custody?
- Does an exception apply?
Miranda policy
There is an element of informal compulsion in any custodial interrogations (you can’t leave and they are trying to get you to incriminate yourself); and specific warnings are needed to dispel the inherent pressure of custodial interrogations.
Miranda
What is custody?
The Miranda Court explained that custodial means “taken into custody or otherwise deprived of his freedom of action in any significant way.” However, the Supreme Court in subsequent cases, has construed “deprived of his freedom in any significant way” much more narrowly than it’s plain meaning would suggest
Kinda focusing on do they feel free to leave?
Guy who voluntarily agree to meet in interrogation room then police lie to him about finding his prints at the crime scene = not custody bc he came and left voluntarily.
Miranda
What is custody: Age
Age is a relevant factor in determining whether a person has been deprived of his freedom in any significant way.
It would affect how an objective person in the suspects position would perceive the coerciveness / their freedom to leave?
Miranda
What is custody: weird exceptions
Traffic stops & terry stops
even though they are absolutely seizure (as in a normal person would not feel free to leave), it doesn’t qualify as custody.
- temporary nature
- circumstances make it feel less coercive than the kinds of interrogation in Miranda
Custody v. Seizure
Everyone in custody is seized, but not everyone seized is in custody.
If they aren’t seized, it’s hard to argue they are in custody.
Miranda
What is interrogation?
The term interrogation refers not only to express questioning but also its functional equivalent.
Functional equivalent = “any words or actions on part of police that police should know are “reasonably likely to elicit” an incriminating response.”
not interrogation = cops shooting the breeze “oh man it would be really sad if a disabled kid finds that gun and blows their head off”
UNDERCOVER AGENTS ARE NOT INTERROGATORS
How well must officers administer the Miranda warnings?
They don’t have to do a great job.
Miranda allows for “fully effective equivalent”s and the court has held some tough deviations to be fine
Deviations held not to be fine: literally none
Miranda
Why does waiver matter?
Custodial interrogations aren’t always bad. If you want to do some custodial interrogating, that’s fine, just read the guy his rights and get a waiver.
Miranda
What counts as a waiver?
Signed written waiver = gold medal
explicit oral waiver = silver medal
Understanding of rights + conduct that indicates waiver = bronze medal
so what is conduct indicating waiver?
Conduct indicating waiver = uncoerced statement to police.
So basically,
Understanding of rights + Uncoerced statement to police = waiver
WAIVER IS NOT CRIME SPECIFIC
Waiver must be knowing & intelligent
Invocation of Miranda rights
Was an effective invocation made?
Only an “unambiguous invocation” of miranda rights is effective
if its just something that would make a reasonable officer think he MIGHT be invoking that doesn’t count.
“maybe I should talk to a lawyer” = nope
“If y’all think I did it you should just give me a lawyer” = nope
What does invocation of Miranda rights get you?
Right to silence
If suspect invokes right to silken, questioning must cease. But can start again after 2ish hours
looking at whether their right to cut of questioning was scrupulously honored
What does invocation of Miranda rights get you?
Right to counsel
if a suspect invokes their right to counsel, the suspect cannot be subjected to further interrogation until counsel has been made available to him.
- this is more than just an opp to talk to attorney. Attorney must be physically present for interrogation to begin again.
What does invocation of Miranda rights get you?
Justification for right to counsel being more powerful
“I want an attorney” = is a recognition that you need help
“I want to remain silent” = you are doing this on your own free will making your own decisions still
Are invocation of miranda rights crime specific?
no
Two scenarios were Edward’s protections fall away (when you can interrogate without attorney showing up after invocation of right to counsel)
- Suspect themselves voluntarily initiates further communication/conversation with the officers.
- Break in custody for the magical 14 days
Miranda Exceptions
list
- Impeachment
- Public Safety
- Routine Booking
