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31 Cards in this Set
- Front
- Back
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Voluntary Test |
-Totality of circumstances -inherently coercive? Was the suspects free choice impaired by improper police conduct under the "totality of circumstances"? 1. Environment/physical circumstances 2. characteristics of accused 3. police conduct (36 hours = coercive) |
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Deliberate Solicitation Standard (Massiah) |
-No interrogation or its equivalent without counsel after ∆ is indicted -Prohibits eliciting statements after RTC attaches -Can continue investigation but no solicitation -6th amendment violation |
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Focus Test |
When focus shifts from general inquiry to specific interrogation RTC attaches |
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Specific Interrogation |
focus on accused and purpose is to elicit confession |
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Waiver of RTC |
must be intelligently and knowingly done |
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Inculpatory statements |
evidence that shows or tends to show a person's involvement in an act or evidence that can establish guilt |
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Exculpatory statements |
evidence that shows someone's innocence |
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Miranda focus |
Confession/interrogation admissibility depends on if there was a warning and a knowing/intelligent waiver (5th amendment) Applies to custodial interrogation, not unprompted confession or general questioning on scene |
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Miranda Warning |
You have the right to remain silent, anything you saycan and will be held against you in the court at law. You have a right to anattorney, if you can not afford one, one will be provided for you.” |
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Knowing and Intelligent Waiver |
express |
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Impeachment Exception |
Comments or confessions inadmissible under Miranda can still be used to impeach the witness |
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Custody Test |
-Objective inquiry -reasonable person in the suspect's position would understand freedom to terminate questioning and leave? -juvenile - reasonable standard for minor's age ( so long as age is known or should have been known to officer) |
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Interrogation |
direct questioning and the functional equivalent. Any words or actions by the police outside the norm that the police know are reasonably likely to elicit an incrimination response. |
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Undercover confessions |
Not subject to Miranda because not in a police dominated atmosphere |
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Miranda Rights |
No obligation to inform suspect of alleged crime or potential charge. |
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Miranda Right to Silence |
Must invoke or subsequent statements can be used.
Silence can't invoke right Triggered when D states he is invoking. |
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Waiving Right to Silence |
Implied or obtained before interrogation |
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Right to Silence before and after arrest |
Can be used against you unless you expressly invoke your right
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Miranda Right to Counsel |
-Triggered when invoked -Expires after 14 day "break" in Miranda custody -Crime specific - RTC only applies to one offense at a time |
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Interrogation of ∆ with appointed counsel |
permissible until and unless ∆ invokes his right to have counsel present |
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Miranda "Public Safety" Exception |
∆ statements are admissible because the confession was made in response to questions asked to protect the public safety and not for investigation |
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Fruit of the Poisonous Tree Doctrine |
if source is gained, anything gained from it will be tainted as well |
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Evidence from Un-Mirandized Admissions |
Admissible as long as statements are not coerced
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Confessions after subsequent warning |
Admissible if sufficient break and warning to advise ∆ that they have right to not speak to police. Must have sufficient break and questioning done in good faith |
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Invoking Miranda Rights |
Lies with ∆. RTC can't be invoked by family or attorney. Police have no obligation to inform ∆ of attorney's attempts to contact. |
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5th Amendment Violation |
Must initiate legal proceedings or be used at trial to violate right |
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Christian Burial Speech |
D requested attorney, adversarial proceedings were initiated - gov't CANNOT elicit incriminating responses. D can still initiate conversation. |
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Offense Specific RTC |
can question regarding different offenses where RTC has not attached |
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Indirect Questioning from Gov't |
Can't use to elicit statements once RTC has attached |
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Passive listening from Gov't |
Passive listening is ok but active questioning is not. Must make distinction between the two. D has burden to demonstrate police took action beyond listening. |
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Massiah Confession |
Depends on whether active solicitation or passive listening Informant being paid? |
