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19 Cards in this Set
- Front
- Back
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Confession Law: In General
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intro card
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Confession may be admissible on any of numerous grounds:
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1. Involuntary
2. Product of delay in bringing arrested D before magistrate 3. Miranda violation 4. 6th Amendment right to counsel violation 5. Product of an unlawful arrest |
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When is a confession made involuntary (constitutionally inadmissible)?
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1. Result of coercion or threats
2. On "totality of circumstances," officers' misconduct "overcame D's will." |
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Will D's undisclosed mental impairment alone create involuntariness?
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NO.
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What are ONLY factors to consider in the totality of circumstances analysis?
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1. Deception of the suspect by the officers
2. Delay in presenting the suspect before a magistrate 3. Promise of a specific benefit made by "person in authority" |
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When do Miranda 5th Amendment rights apply?
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Only if both:
1. Suspect is in custody-arrested or its equivalent a. suspect must perceive himself as not free to leave b. Miranda not applicable during traffic stop, nonarrest field stop 2. Suspect is subjected to interrogation |
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When Miranda applies, what does it require?
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1. Right to have counsel present during questioning
2. Suspect must be given warnings: a. Right to remain silent b. anything said may be used against the suspect c. the suspect has a right to have an atty present d. the suspect has a right to an appointed atty if unable to provide own 3. Interrogation can begin in absence of atty only if suspect first waives the right to counsel 4. No interrogation must occur is suspect indicates a desire to remain silent |
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When will a confession to which Miranda applies be admissible?
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Only if the prosecution proves:
1. Warnings were given 2. Suspect made voluntary and knowing waivers of rights a. right to atty during questioning (unless one was present) b. right to remain silent |
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Under Miranda, when are no warnings or counsel required?
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If the confession is volunteered by the D without interrogation.
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Under Miranda, is a person in custody if he is detained?
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NO.
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What if a suspect invokes the right to counsel?
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Officers may not re-approach the suspect unless an atty is present.
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What if a suspect who has invoked the right to counsel spontaneously seeks to discuss the crime with officers?
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Officers may seek a waiver of counsel and interrogate the suspect.
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What if a suspect invokes only the right to remain silent?
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The suspect may be reapproached if this is done very carefully.
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If an officer knows that an action will likely result in an incriminating response, what does that mean?
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It's the equivalent of an interrogation.
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What if the suspect makes an unequivocal request for counsel after the right to counsel was waived?
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Questioning must cease.
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Sixth Amendment Right to Counsel
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Intro Card
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In interrogation situations, the accused also has a 6th amendment right to counsel when...?
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Judicial proceedings have begun, which provides more protection than Miranda does.
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What if a suspect is already represented by counsel, what will officers' interference with counsel's access to the client-suspect do?
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It will not invalidate the Miranda waiver, but it will render invalid the waiver of the 6th amendment right to counsel.
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When does the 6th amendment become applicable?
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1. D has a right to counsel at questioning by the arresting officer
2. D has a right to counsel at questioning even if not in custody, and 3. Police violate the right to counsel if they interfere with counsel contacting a client undergoing questioning |
