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30 Cards in this Set
- Front
- Back
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What is the definition of self incrimination?
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A suspect(s) written or oral acknowledgement of guilt
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What are the three amendments regarding police interview and confessions
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the 14th, 6th, and 5th amndements
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What is the due process law under the 14th Amendment?
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No state shall deprive any person of life, liberty, or property without due process of law.
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What was the Brown vs. Mississippi case about and how was it ruled?
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3 black men were forced to sign a confession that they murdered a white man. Supreme Court ruled that it cannot accept confessions that are not beyond reasonable doubt, free, and voluntary
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What is the due process approach rationale?
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Confessions must be voluntary, involuntary confessions are unreliable.
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What is the reliability rationale?
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Involuntary confessions are unreliable, they cannot be used to prove guilt
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What is the Free Will Rationale?
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Not only are involuntary confessions unreliable, if they are made of rational intellect and free will, then they are coereced
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What is the right to counsel and confessions under the 6th amendments?
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In all criminal prosecutions, the accused shall have the assistance of counsel for his defense?
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What is the critical stage of prosecution?
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Point where a suspect's right to counsel begins
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What was the Escobedo v Illinois Case about and how was it ruled?
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Man was brought in for questioning in connection to the fatal shooting of his brother- in law. he was denied his rights to see his lawyer and was not advised of his rights to remain silent. He was convicted by the supreme court threw it out because his confession was given without the advice of a lawyer
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What is the definition of the accusatory stage?
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Period when the police have shifted their attention from a general investigation of a crime to building a case against a named individual.
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What is the right against self incrimination under the 5th Amendment?
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No person shall be compelled in any criminal case to be a witness against himself
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What was the Miranda v Arizona case about and how was it ruled?
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Man was convicted of rape a robbery of young woman. He was interrogated for 2 hours, wasn't advised of his right to counsel, and written confession is obtained. Supreme Court threw out the confession because He was not informed of his rights
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What are the Miranda Rights?
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Right to remain silent
Anything you say can and will be held against you in the court of law Right to an attorney If you cannot afford an attorney one will be appointed for you |
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When is it mandatory for the police to advise a suspect of the Miranda warnings?
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They are in custody
Police questions them |
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When are people in custody?
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The person has been formally arrested
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What has been determined as not constituting custody?
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Detaining drivers and passengers at traffic stops
Probationers meeting with their probation officers Detaining people while executing a search warrant |
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What is the Public Safety exception to Miranda Warning?
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Situations where there is a threat to public safety, the need to protect the public outweighs the need to advise someone of their Miranda warnings prior to asking any questions
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What are the two tests for police investigations?
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The functional equivalent test
Deliberately eliciting a Response Test |
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What is the functional equivalent test?
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When police use words and actions that they know will most likely illicit a reponse
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What was the Rhode island vs Innis case?
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Man was arrested for robbing and killing a cab driver. When he is placed in a patrol car to be transported police talk about finding gun because deaf children are nearby, he shows them where it is. Supreme Court tosses out conviction
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What is Deliberately eliciting a Response Test
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Whether the conversation with the suspect was designed toelicit an incriminating response
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What was the Brewer v Williams case about?
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Man killed 10 y.o girl. Police inform him of his rights but talk about finding the girl so she could be buried. Williams shows where the body is and gets convicted. Supreme Court says it violated his 6th amendment rights
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What is express waiver?
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Person expressly acknowledges that they understand their rights and expressly waivers the right
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What is implied waiver?
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PERSON ACTIONS AND WORDS IMPLY THAT THEY ARE Waiving THEIR RIGHTS
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Confessions are involuntary if the totality of circumstances show
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Police engaged in coercive conduct and the coercive conduct caused the suspect to make incriminating statements
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What is the Exclusionary Rule?
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A court created rule, not a constitutional right
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Why do we have the exclusionary rule?
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Protects the 4th, 5th, 6th, and 14th, Amendment, preserves the honor and integrity of the courts and deters police from violating individuals rights
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What is the Collateral Use exception?
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Allows for the use of illegally obtained evidence in non trial hearings
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What is the cross examination exception?
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each party calls on and questions witnesses
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