STATEMENTS AND CONFESSIONS

Question 1

Bases to challenge the admissibility of confessions

Answer 1

1. It’s coerced in violation of due process
2. Violates the privilege against compelled self-incrimination and the Miranda rule
3. Violates the 6th amendment right to counsel
4. Confession is fruit of the poisonous tree (generally pursuant to unlawful arrest)

Question 2

Due Process Voluntariness Standard

Answer 2

When police use actual coercion to obtain statement it is involuntary and inadmissible for any purpose

Question 3

Coercion

Answer 3

Government conduct that overbears the free will of a suspect

Based on totality of circumstances (factors):

1. Defendant’s age, health, education, intelligence, gender, and cultural background
2. Location, duration, and physical conditions of interrogation
3. Number and demeanor of police officers, and the suspect’s experience with the criminal justice system
4. Deception or trickery by the police

Question 4

5th Amendment Privilege against Self-Incrimination

Answer 4

No person in a criminal case must be compelled to be a witness against himself

5th Amendment provides individuals with an absolute privilege to refuse to testify when:

1. Individual is subject to government questioning in any context
2. Real and substantial fear that testimony will result in self-incrimination or contribute to the defendant’s criminal convictions
3. D asserts privilege by refusing to testify

PASI only applies to testimonial evidence and does not permit D to refuse to provide other evidence even if clearly incrimination. (Blood, hair, DNA, fingerprints, participation in a lineup, handwriting samples)

Question 5

Immunity types

Answer 5

Use/Testimonial Immunity - Prohibits the use of a witness’s testimony or any evidence against the witness. Government can still prosecute if evidence is unrelated to D’s testimony

Transnational Immunity - Prohibits any future prosecution of the witness for the transaction that is subject of testimony

Question 6

Miranda Rule

Answer 6

Statement obtained during custodial interrogation are inadmissible in the prosecution’s case-in-chief (opening statement to prosecution rests) in absence of Miranda warnings and proof a valid waiver

Miranda warning is triggered by:

1. Custody
2. Interrogation

Question 7

Valid Miranda waiver

Answer 7

At the time of custodial interrogation, the police must inform suspect of his Miranda rights which include rights:

1. To remain silent
2. Anything said can be used in court
3. Entitled to the presence of an attorney
4. If they cannot afford an attorney, one will be provided

Police must obtain a voluntary and intelligent waiver of these rights and prosecution must demonstrate that:
1. Suspect understood the rights and voluntary gave them up (oral or written)

Question 8

When does custody and interrogation

Answer 8

Custody - Formal arrest or a situation where a reasonable person in the suspect’s position would believe that their freedom has been deprived to a degree analogous to a formal arrest

Interrogation - Direct questioning or other words or actions that a reasonable officer would anticipate were likely to result in eliciting an incriminating response.

Question 9

Invocation of Miranda Rights

Answer 9

Suspect must make unambiguous and unequivocal statement involving either the right to silence or the right to counsel to end custodial questioning

Remaining silent after Miranda warning is not an invocation of the Miranda right and police can continue to talk. However, prolonged silence by suspect can be used to show he understood his rights and subsequent answers demonstrate voluntary relinquishment of rights

Re-initiation of questioning:

1. Invoked Right to Remain Silent - In order for a waiver to be obtained after the invocation, police must allow for a significant amount of time to elapse before re initiating contact.
2. Invoked Right to Counsel - Police may not reinitate questioning until counsel is present unless suspects re initiates and executes a new waiver OR two weeks have passed while suspect in their normal environment

These rules apply to all law enforcement not to each officer

Question 10

Public Safety exception to Miranda rules

Answer 10

Purpose of police questioning is to protect the police or the public from imminent danger of serious harm

Question 11

Effects of Miranda violation on the Admissibility of Subsequent Confessions

Answer 11

A statement made in violation of Miranda does not taint a subsequent valid statement

However if facts show police knowingly violated Miranda to get the confessions those will be tainted.

Question 12

Police Questioning in Violation of 6th Amendment Right to Counsel

Answer 12

6th Amendment Right to Counsel is implicated during critical stages of the proceedings including:

1. Formal charges
2. Indictment
3. Arraignment
4. Preliminary hearing
5. Bail Hearing
6. Deliberate eleication of statements
7. Physical identification proceeding
8. Trial

Government will violate 6th amendment if D has no counsel during these absent voluntary and intelligent waiver

Only applies once suspect becomes a defendant and the formal adversarial process begins

Government agents can initiate contact to elicit a voluntary and intelligent waiver of right to counsel

This right to counsel will also apply to any pretrial statement from a defendant given by deliberate eliciation (informant, undercover agent)

Question 13

Fruit of the Poisonous Tree and Confessions

Answer 13

If a statement is a “but for” consequence of prior constitutional violation, the statement may be inadamissable absent an exception.

Attenuation - Most common exception asserted to allow the use of statement - Connection between proposed statement and constitutional violate is remote.