Flashcards in Lombos - Statements Deck (37):
419) Admissions- An _______ is anything the suspect says that tend to prove guilt by tying the suspect in any way to the crime.
420) Miranda- It is important to understand that _________ custody and "interrogation" must co-exist at the same time before ______ advisements are required.
421) Neither _____ right (silence or counsel) can be asserted "________," i.e., before both "custody" and "interrogation" exist.
422) "Custody" exists for Miranda purposes when two requirements are met:
- the suspect must have been formally arrested or had his ____________ restrained to a degree associated with a formal arrest and the suspect must personally be aware of this lack of freedom or reasonably believe that it exists
423) Further, whether the interrogation takes place at a police _________ makes a crucial difference in the determination of "custody." _______ to leave is the key consideration at a police station.
424) Suspect's Age- the U.S. Supreme Court parted company from precedent and ruled that a juvenile's age at the time of questioning must be considered in determining if the juvenile was in ______ for the purposes of Miranda warnings. With _____, a juvenile's age must be taken into account when determining if ______ warnings must be administered prior to questioning if "the child's age was known to the officer at the time of the interview, or would have been objectively apparent to any reasonable officer."
425) "Interrogation" is:
- any direct or "express" questioning about the crime being ________; or
- the "functional equivalent" of direct questioning, accomplished through words or actions that "are reasonably likely to elicit an ________ response."
426) Waiver of Miranda rights- The waiver may be either "_____" or "implied."
427) Waiver Must Be Voluntary, Knowing and ______
428) Invocation of Miranda Rights -A suspect (who is in "custody" and is being, or is about to be, "interrogated") may invoke his right to silence or his Miranda right to counsel at any time before or during an interview. Once he invokes either of these rights, the invocation must be "scrupulously honored," meaning that "the ________ must cease."
429) ______ rights are personal to the suspect and may not be vicariously asserted or invoked by anyone other than the suspect, such as a parent or attorney. In other words, only the suspect may assert his right to silence or an attorney under Miranda and, even then, only if he is in "custody" and being, or about to be, "interrogated."
430) The "bottom line" now must be: do not intentionally violate Miranda, in particular, do not ignore an invocation of the right to silence or counsel. This is because an intentional violation will virtually guarantee a civil rights suit against you and your department--with possible personal ______.
431) If a suspect has waived his Miranda rights and given a statement, you are entitled to go back to him later and try to get additional information, even though he remains in "custody." Although each case will be decided on its own facts, you are likely safe that any subsequent questioning within at least __ hours after the initial questioning will be considered "reasonably contemporaneous" and not require a re-advisement.
432) Once a suspect who is in custody has clearly asserted his Miranda right to _____, all interrogation must cease. As long as the suspect remains in custody, you may not "try again" without defense counsel being present. Further contact may be made in only two circumstances. It is permissible if the suspect initiates the contact. Further contact may also be permissible if it follows at least a ________ day break in "interrogative custody" as defined by the U.S. Supreme Court
433) If a suspect invokes his right to remain silent, as opposed to his right to counsel, there is no ________ prohibition against coming back and "trying again." A second try has been approved where: (1) there is a re-advisement of rights and a valid waiver; (2) "substantial" time (a few hours or days) has passed since the original invocation; and 3) the questioning concerns either a different or "other" crime.
434) A parent may not invoke a minor's ______ rights. They are personal to the suspect and may not be vicariously asserted or invoked by any other person, even an attorney.
435) Sometimes, when a suspect has been arrested or is otherwise in Miranda custody, you may nevertheless "interrogate" him, i.e., ask a question likely to produce an incriminating response, and obtain an answer that will be admissible in court even without Miranda warnings. These "analogous" exceptions are known as the ______ doctrine--which arises when "an overriding need exists to rescue persons in danger or to protect human life"--and the public ______ exception--which arises "in situations involving a threat to public safety."
436)The Sixth Amendment right to counsel attaches when a case has reached a "____________" stage in the adversary judicial process.
437)The Sixth Amendment right to counsel attaches "at or after the initiation of adversary judicial criminal proceeding--whether by way of formal charge, _______ hearing, indictment, information or arraignment."
438) the Sixth Amendment right to counsel does not attach to the issuance of "_____ Warrants."
439) The Sixth Amendment prohibits the police from "deliberately eliciting" information from a represented defendant, but only about the crime that has been charged. This is because the Sixth Amendment is "______ specific"--it relates only to that charged crime.
440)If a suspect confesses because he reasonably believes--based on your express or implied "promise"--that he will be "better off" or that he might get more lenient treatment or some other benefit from the police, the prosecution, or the courts by making admissions or confessing, his statement will be involuntary and ______.
441)Lineups and Showups- Even when a lineup (physical or photo) or showup is unduly suggestive, the witness may nevertheless be allowed to identify the suspect at trial if the trial identification has an "______ origin."
442) Showups- As general rule, the witness should be brought to the suspect, do not take the suspect to the witness if there is any reasonable alternative.
There are three exceptions to the general rule of "bring the witness to the suspect."
1. _____ ______ to Arrest
If you have probable cause to arrest the suspect, you may transport him to the witness(es) for identification.
If you obtain the valid, voluntary consent of a detainee to move him to the witness for a showup, the movement is lawful.
If it is impossible or impractical to bring the witness to the suspect, the courts will often permit the movement of the suspect to the witness.
a. If the witness is injured, it is clearly permissible to transport the suspect to the witness.
b. If the detention occurs in an area where there are not enough officers to secure the scene, chase other suspects, transport the witnesses, etc., courts have permitted the immediate transportation of the suspect to the witness
443) ______ -A suspect has the right to the presence of a qualified attorney at a physical lineup that occurs after the commencement of criminal judicial proceedings. The suspect's attorney has the right to be present as an ______ only.
444) Sketch- A composite sketch provides an officer with sufficient ________ suspicion to stop and question a subject who resembles the drawing.
445) _______ is testimony, objects, writings or other things presented to a jury to prove the existence or nonexistence of a fact, so that the jury can decide whether a defendant is guilty or not guilty.
446)The main purpose of the Rules of ______ is to protect the jury from seeing or hearing evidence which is irrelevant, unreliable or unfairly prejudicial.
447) ______ evidence is testimony which proves a fact directly, without any inference or presumption. Most often, such evidence comes from an "eyewitness" who personally saw or heard something.
448) _______ evidence is the proof of facts based on inference. Certain facts are proven, and from these facts the jury may infer other facts which would normally follow based on common sense and experience.
449) ________ evidence, which is also known as "tangible" and/or "real" evidence, is evidence which can be seen or touched. It is evidence which is furnished by the object itself -- on view or inspection -- as distinguished from testimony out of someone's mouth. Such evidence would include viewing a scene, weapon, clothing, wound, map, diagram, photograph, model, test, experiment, x-ray, etc.
450) ________ evidence generally means a "writing." This would include a document which is handwritten, printed, xeroxed, etc., as well as most forms of tangible expression, such as a movie, photograph, or tape recording.
451) A "_______" is the assumption of a fact without proof, on the basis of other proven facts.
452) An ______ is a conclusion or deduction which the jury may arrive at based on other established facts.
453)To be admissible in court, evidence must be (1) relevant, (2) reliable, (3) not unfairly prejudicial, (4) properly _______, documented and preserved, and (5) not collected in violation of the defendant's constitutional rights.
454) The most obvious example of generally unreliable evidence is hearsay. Hearsay occurs when a witness testifies about what some other person said, and the testimony is offered for the truth of what the other person said. Exceptions to the hearsay rule are:
a. Dying _______
b. Spontaneous Exclamations
c. Admissions and ________
d. Official Records/Business Records
e. Prior Inconsistent Statements
f. Recorded Statement by Dead or Kidnapped Declarant