Statements and Confessions Flashcards
Right to Counsel Approach
Explained - Constitutional basis/trigger/test
Deliberate elicitation of a statement from a defendant is inadmissible unless counsel was present or police obtained a knowing and voluntary waiver.
6th Amendment right to counsel
Triggered - direct or surreptitious police questioning of defendant without lawyer present or a waiver.
Was counsel Present? Did defendant waive?
Voluntariness Approach
Explanation-Constitutional Basis/Trigger/Test
Statements obtained by coercion are involuntary
inadmissible for any purpose.
Violates Due Process of 5th and 14th Amendments
Triggered - government conduct overbears free will of suspect.
Totality of the Circumstances Test
Miranda Rule
Explained - Constitutional basis/trigger/test
Statements obtained from custodial interrogation
inadmissible in the prosecution ‘case in chief’ absent of Miranda warning and valid waiver.
5th Amendment privilege against self incrimination.
Triggered by Custody + Interrogation
Did suspect make a knowing and voluntary waiver?
If not, statements violate miranda.
Fruits of Illegal Conduct
Explanation - Constitutional basis/trigger/test
Statements that comply with other tests may be tainted if the are the but for consequence of a predicate constitutional violation.
Fruits of the poison tree doctrine
Triggered by a but-for link between constitutional violation and police obtaining the statement.
Is the statement the product of the prior violation?
If so, can the government prove that it is sufficiently attenuated from the poison tree.
A statement is obtained by actual coercion if…
questioning overbears free will of suspect.
statements not admitted for any purpose - including impeachment.
Standard - totality of the circumstances test.
Totality of the Circumstances Test for Voluntariness
factors
Age, Health, Education, intelligence, gender, and cultural background.
Location, Duration, and physical conditions of interrogation.
Number and demeanor of police,
suspects experience with the criminal justice system.
Deception and trickery involved.
Exceptions for Actually Coerced Statements
There are no exceptions for actually coerced statements.
No requirements to be in custody when the statement is made.
Massiah Rule
initiation of formal adversarial process triggers
6th Amendment right to counsel
during all critical states of the adversarial process.
Once formal charges, indictment, arraignment, or preliminary hearing is brought, the initiation of formal adversarial process has begun.
Critical Stages entitled to the right to counsel
The deliberate eliciting of statements from a DEFENDANT
(suspect is not a defendant)
physical lineups
trial
Suspect vs Defendant
Suspect is suspected of having committed a crime.
Has no 6th Amendment protection.
Becomes a Defendant after formal adversarial process begun
is entitled to 6th Amendment right to counsel.
Deliberate Elicitation
Supreme Court held
deliberate elicitation of a pre-trial statement
from a defendant
is a critical stage triggering the right to assistance of counsel.
Includes any express or implied questioning.
Statements RELATED TO A CRIME FORMALLY CHARGED
are inadmissible unless
1. a lawyer was present or
2. executed a knowing and voluntary waiver of right to counsel.
Surreptitious Questioning of a Defendant
Responses are inadmissible
made in the absence of counsel
valid knowing and voluntary waiver cannot be obtained.
Government agents requesting a waiver of 6th amendment from a defendant
Such waivers are valid if D knows the rights he is giving up.
Applicability of 6th Amendment Protections
Shields the defendant from questioning on the OFFENSE CHARGED
questions on other offenses factually related to charged offense
will not implicate the 6th amendment.
5th Amendment Privilege against self incrimination
absolute right to refuse to testify when
REAL and SUBSTANTIAL fear testimony will result in self incrimination or contribute to his criminal conviction IN THE US.
Does not protect against foreign prosecution.
How to waive 5th Amendment Privilege against self incrimination
By providing testimony, waiver is presumed.
There is no need to advise of rights unless Miranda is triggered.
How to supplant PASI
Use/Testimonial Immunity
Transactional Immunity
Use Immunity
Prohibits the use of testimony, or evidence derived, against witness.
fully supplants PASI and witness must testify.
Subsequent prosecution is not barred so long as the evidence has no connection to testimony
Transactional Immunity
prohibits future prosecution for the transaction that is subject of testimony regardless of where the evidence came from.
Miranda Rule Rationale
custodial interrogation produces an inherent coercion.
to neutralize the coercive nature of interrogation
Police must restore confidence that
suspect statements are product of free will.
Miranda Rights - list
Right to remain silent
Anything said can be used against him in court
Right to the presence of an attorney
if he cannot afford an attorney, one will be provided for him
What triggers Miranda requirement
Custody + Interrogation
Custody - Defined
reasonable person in suspects position
would believe their freedom has been deprived
to a degree analogous to arrest.
Requires an OBJECTIVE INDICATION that police are initiating a criminal process
Is a Terry Stop Custody?
No.
brief investigative seizure.
Because it is a brief encounter the police may question an individual without implicating the Miranda Rule.
