Statements, Confessions, and Miranda

Question 1

What is the voluntariness approach?

Answer 1

statements obtained by actual coercion are involuntary and inadmissible for any purpose.

Question 2

What is the constitutional basis/trigger test for the voluntariness approach?

Answer 2

Due process clause of 5th and 14th amendments: Triggered by government conduct overbearing the free will of the suspect. Look at the totality of the circumstances.

Question 3

What is the right to counsel approach?

Answer 3

deliberate elicitation of a statement from a formally charged D is inadmissible unless counsel was present or police obtained a knowing and voluntary waiver.

Question 4

What is the constitutional basis/trigger test for the right to counsel approach?

Answer 4

6th amendment right to counsel: Triggered by direct or surreptitious police questioning of D without lawyer present or waiver.

Question 5

What is the Miranda rule?

Answer 5

statements obtained as a result of custodial interrogation are inadmissible in prosecutor’s case in chief without warning and valid waiver.

Question 6

What is the constitutional basis/trigger test for the right to the Miranda rule?

Answer 6

5th Amendment Privilege against Self-Incrimination: Triggered by custody + interrogation. Did suspect make a knowing and voluntary waiver?

Question 7

What is the fruits of illegal conduct approach?

Answer 7

Statements that comply with 3 tests above may still be tainted if they are the but for consequences of a predicate constitutional violation such unreasonable search/seizure.

Question 8

What is the constitutional basis/trigger test for the fruits of illegal conduct approach?

Answer 8

Fruit of the poisonous tree doctrine: Triggered by a but for link between constitutional violation + police obtaining statement.

Question 9

What factors of coercion are considered in the voluntariness approach?

Answer 9

Totality of circumstances:

1) D’s age, health, education, intelligence, gender, cultural background.
2) location, duration, and physical conditions of interrogation
3) number and demeanor of police officers, suspects experience with criminal justice system
4) deception and trickery by police

Question 10

For the 6th amendment right to counsel approach, what falls under formal adversarial process?

Answer 10

formal charges, indictment, arraignment, or preliminary hearing

Question 11

What falls under “all critical stages” for the 6th amendment right to counsel approach?

Answer 11

deliberate elicitation of statements, physical lineup, preliminary hearing and trial

Question 12

Any statement obtained by police from D related to the crime his is formally charged with is inadmissible unless:

Answer 12

1) his lawyer was present; or

2) he executed a a knowing and voluntary waiver

Question 13

5th amendment privilege against self-incrimination:

Answer 13

No person shall be compelled in a criminal case to be a witness against self

Question 14

5th amendment absolute privilege to refuse to testify when:

Answer 14

1) D has a real and substantial fear that testimony will result in self-incrimination or contribute to his criminal conviction +
2) D asserts privilege by refusing to testify

Question 15

What constitutes a waiver under 5th amendment?

Answer 15

mere act of answering police or government questions

Question 16

Immunity to eliminate risk of self-incrimination

Answer 16

1) use testimonial immunity: prohibits use of witness’s testimony or any evidence derived from that testimony against witness. Can still prosecute witness so long as evidence has no connection to testimony.
2) transactional immunity: prohibits any future prosecution of witness for transaction that is subject of testimony

Question 17

Miranda rule:

Answer 17

Statements obtained as a result of custodial interrogation are inadmissible in prosecutions case in chief in absence of Miranda warnings and valid waiver. Triggered by Custody + interrogation.

Question 18

What is the definition of custody?

Answer 18

formal arrest or situation where a reasonable person in suspects position would believe their freedom has been deprived.

Question 19

What is the definition of interrogation?

Answer 19

direction questioning or words or actions a reasonable officer would anticipate were likely to result in eliciting an incriminating response

Question 20

What is a knowing and voluntary waiver?

Answer 20

Waiver must show that suspect understood his rights (orally or written) Waiver cannot be presumed from silence.

Question 21

If suspect makes an unequivocal request for an attorney or states she wishes to remain silent (request can be made at any time during interrogation:

Answer 21

interrogation must stop.

Question 22

Whether police can reinitiate questioning after right invoked depends on which right invoked:

Answer 22

If D invoked right to remain silent: police must allow for significant time to elapse and then obtain a new Miranda waiver.
If D invoked right to counsel: may not resume questioning until counsel is present, OR, D re-initiates contact with police and executes a new waiver, or 2 weeks after D is returned to his normal environment and police get new waiver.