Term
| What 3 areas of the law have an impact on the admissibility of a confession? |
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Definition
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Term
| True/False: Coerced confessions are admissible in court. |
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Definition
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Term
| Who bears the burden of proving a confession was made voluntarily? |
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Definition
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Term
| Is a voluntary confession made to police by a suspect becuase "his conscience was bothering him" admissible in court? Why? |
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Definition
| Yes, it was made voluntarily with no police involvement and the defendant's constitutional rights were not violated |
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Term
| According to Miranda v. Arizona, at what point must police warn a suspect of his/her rights? |
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Definition
| Prior to interrogation (suspect must be in custody) |
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Term
| Can a suspect waive his/her rights before interrogation and then later retracts that waiver? If so, what must the police do? |
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Definition
| Yes, police must stop the interview/interrogation immediately |
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Term
| The Miranda rule requires that prior to any custodial interrogation, the person must be advised of what 4 things? |
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Definition
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You have the right to remain silent
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Anything you say can be used against you as evidence in the court of law
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You have the right to the presence of an attorney
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If you cannot afford an attorney, one will be appointed for you prior to any questioning if you so desire, at no cost to you
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Term
| Does a suspect have to be advised of all the subjects (crimes) about which he/she may be questioned? |
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Definition
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Term
| If a suspect refuses to sign a waiver form, but agrees to talk with police, can his/her oral waiver cancel out his/her refusal to sign waiver documents? |
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Definition
| Yes (North Carolina v. Butler) |
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Term
| Can an officer make a conscious decision to withhold Miranda warnings and the later give them in order to use a confession? |
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Definition
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Term
| What is the test for custody under Miranda v. Arizona? |
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Definition
| Whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest |
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Term
| True/False: A suspect is "in custody" when he voluntarily comes to the police station after he is told that he is not under arrest and that he is not required to do so. |
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Definition
| False, the suspect would NOT be "in custody" |
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Term
| For the purposes of Miranda, does an ordinary traffic stop put the person being stopped "in custody"? |
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Definition
| No, although an ordinary traffic stop temporarily detains a person it is not "in custody" for the purposes of Miranda |
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Term
| Generally speaking, when is the best time to warn someone of their rights (Miranda Warning)? |
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Definition
| As soon as an arrest is made |
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Term
| May an officer ask a driver suspected of DUI to perform a series of field sobriety tests without first giving a Miranda warning? Why? |
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Definition
| Yes, becuase the driver is not under arrest at that time. Once the driver is arrested, then a Miranda warning must be given |
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Term
| Give 3 situations that do not constitute interrogation. |
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Definition
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Term
| Briefly explain the Public Safety Exception to the Miranda Rule. |
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Definition
| No Miranda warnings are required to be given to a defendant in custody prior to asking a question (or a few questions) where officers can justify the need to secure the safety of themselves or others (N.Y. v. Quarles) |
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Term
| Can police use a cellmate informant to solicit incriminating information once a suspect has claim his right to counsel? |
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Definition
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Term
| Is the Sixth Amendment right to cousel the same as requesting a lawyer following a Miranda warning? |
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Definition
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Term
| True/False: The U.S. Supreme Court has held that confessions and admissions elicited from a suspect, after the right to counsel has attached, must be suppressed if the incriminating statements were obtained without a proper waiver by the suspect of his right to counsel. |
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Definition
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Term
| What 2 things does the court consider in deciding whether to suppress incriminating statements under the Sixth Amendment? |
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Definition
- Whether the right to counsel has attached at the time of the statement
- Whether the suspect has made an effective waiver of the right if it has attached
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Term
| Does the Sixth Amendment right attach because the defendant has been arrested? |
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Definition
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Term
| True/False: The Sixth Amendment right to counsel is "offense-specific". |
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Definition
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Term
| True/False: The Fifth Amendment right to counsel is "offense-specific". |
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Definition
| False, the Fifth Amendment right to counsel is NOT "offense-specific" |
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Term
| At what two times does the Sixth Amendment attach? |
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Definition
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Term
| Does the Sixth Amendment right to counsel exist for the purposes of a lineup after the indictment or arraignment? |
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Definition
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Term
| What are some examples of "Non-testimonial" evidence that does not require a Miranda warning to obtain? |
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Definition
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Term
| What is the legal principle behind Harris v. South Carolina? |
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Definition
| A confession procured during a custodial investigation lasting 5 days that was conducted by multiple officers and included a threat to arrest the suspect's mother with no advisement of suspect's rights was deemed to be involuntary |
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Term
| What is the legal principle behind Rhode Island v. Innis? |
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Definition
| A few offhand remarks by police that produced a confession after a suspect was Mirandized were not deemed reasonably calculated to induce a confession |
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Term
| What is the legal principle behind Edwards v. Arizona? |
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Definition
| After being arrested a suspect was Mirandized and requested an attorney. The court held that once invoked the right to counsel remains attached unless the suspect voluntarily initiates contact with the police |
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Term
| What is the legal principle behind Dickerson v. United States? |
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Definition
| Determined that the U.S. Constitution - not state statutes - is the legal standard for the Miranda Rule |
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Term
| What is the legal principle behind Brewer v. Williams? |
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Definition
| A "Christian Burial" speech by police after a suspect had invoked his Miranda rights was held to be reasonably calculated to induce a confession and was therefore deemed the functional equivalent of police interrogation |
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