Criminal Procedure And Evidence: Confessions

Front 1

Under federal constitutional law, what are some grounds on which confession MAY be inadmissible?

Back 1

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;
6) **TX only: TX "Confession" Statute

Front 2

Under federal constitutional law, a confession is involuntary and constitutionally inadmissible if:

Back 2

1) Result of coercion or threats; or

2) On "totality of circumstances," officers' misconduct "overcame D's will."

Front 3

Will D's undisclosed mental impairment alone create involuntariness?

Back 3

No.

Front 4

Under federal constitutional law, some matters are only factors to be considered in the totality of the circumstances analysis:

Back 4

1) Deception of suspect by officers;

2) Delay in presenting the suspect before a magistrate; and

3) Promising of a specific benefit made by "person in authority."

Front 5

Under TX rules, a promise will render a confession involuntary and inadmissible if:

Back 5

1) Given by someone in authority;

2) Definite; and

3) Likely to cause an innocent suspect to make a false confession.

Front 6

Under TX rules, a confession given during improper delay in bringing D before magistrate is inadmissible if D shows...

Back 6

A causal connection between delay and making of confession.

Front 7

When do Miranda 5th Amendment rights apply?

Back 7

Only if both:

1) Suspect is in custody, that is, arrested or its equivalent:
- Suspect must perceive himself as not free to leave; but also
- Miranda not applicable during traffic stop, nonarrest Terry stop; and

2) Suspect is subjected to interrogation

Front 8

When Miranda is applied, what does it require?

Back 8

1) Suspect has right to have counsel present during questioning;

2) Suspect must be given warnings
- there is a right to remain silent
- anything said may be used against the suspect
- suspect has a right to have an attorney present
- suspect has a right to an appointed attorney if unable to provide own

3) Interrogations can begin in absence of attorney only if suspect first waives right to counsel

4) No interrogation must occur if suspect indicates a desire to remain silent

Front 9

A confession to which Miranda applies is admissible only if prosecution proves:

Back 9

1) Warnings were given; and

2) Suspect made voluntary and knowing waivers of:
- right to attorney during questioning (unless one was present); and
2) right to remain silent

Front 10

Under Miranda, no warnings or counsel are required if the confession is __.

Back 10

Volunteered by the D. without interrogation.

Front 11

Under Miranda, a person is not "in custody" just because the person is __.

Back 11

Detained

Front 12

If a suspect invokes the right to counsel, officers may not reapproach suspect unless an attorney is physically present.

If a suspect who has invoked right to counsel spontaneously seeks to discuss crime with officers, officers may __.

Back 12

Seek a waiver of counsel and interrogate the suspect.

Front 13

If a suspect invokes only the right to remain silent, the suspect may be reapproached if this is done very __.

Back 13

Carefully.

Front 14

What is an equivalent of an interrogation?

Back 14

Any action which officer should reasonably know is likely to result in incriminating response

Front 15

Can a suspect rescind a waiver of counsel?

Back 15

Yes, by indicating a desire for a lawyer.

Front 16

Questioning after right to counsel was waived must ceased only if __.

Back 16

Suspect makes an unambiguous request for counsel.

Front 17

In interrogation situations, the accused also has a Sixth Amendment right to counsel if __.

Back 17

Judicial proceedings have begun, and this provides more protection than Miranda does.

Front 18

If a suspect is already represented by counsel, officers' interference with counsel's access to client-suspect will not invalidate Miranda waiver. But, it will render invalid waiver of __.

Back 18

Sixth Amendment right to counsel.

Front 19

When does the 6th Amendment become applicable?

Back 19

1) D has right to counsel at questioning by an undercover officer;

2) Even if not in custody; and

3) Police violate the right to counsel if they interfere with counsel contacting a client undergoing questioning.

Front 20

The TX "Confession Statute (38.22) applies only to statements:

1) Made while in custody; and

2) Resulting from official interrogation.

What is the impeachment exception to all requirements?

Back 20

Statement inadmissible to prove guilt can be used to impeach testifying D if it is involuntary

Front 21

Under TX Confession Statute, to determine the voluntariness of challenged confession, what process?

Back 21

1) Initial determination must be made by judge at hearing out of presence of the jury.

2) If this is resolved for the State, defendant sometimes has the right to have issue submitted to the jury.

Front 22

Under TX Confession statute, if D signs a written statement concerning a crime, what warnings must this statement show on its face to be admissible?

Back 22

Statement must show on its face that person was warned:

1) Person has the right to remain silent and not make any statement at all;

2) Any statement the person makes may be used against that person at trial;

3) Person has right to have a lawyer present to advise that person prior to and during questioning;

4) If unable to employ a lawyer, the person has the right to have a lawyer appointed to provide advice; and

5) Person has the right to terminate the interview at any time.

Front 23

Under TX Confession Statute, in addition to warnings, what must face of statement signed by D. further show?

Back 23

1) Warnings were given either by:
- a magistrate; or
- the person to whom the statement was made; and

2) Prior to and during the making of the statement, the person intelligently and voluntarily waived the rights.

Front 24

Generally, whether warnings are required for oral statements is determined by Miranda.

Oral statements made during custodial interrogation are inadmissible because they are oral and thus unreliable.

Exceptions: Oral statements are admissible if...

Back 24

JRRC Rule
1) Statement was judicial (made in open court or before a grant jury);

2) Statement was res gestae* of either the offense or the arrest

3) Statement was electronically recorded

4) Statement was corroborated
- contained at least one assertion of fact or circumstances;
- which was incriminating; and
- this was 'found to be true' by reliable information developed after the statement was made

* Res gestae: D's impulsive and spontaneous reaction to the excitement

Front 25

An electronically recorded statement is admissible only if prosecution shows...

Back 25

1) Recording is accurate;

2) Recording reflects that accused was warned of the rights;

3) During the recording the accused knowingly and voluntarily waived those rights;

4) All material voices on the recording are identified; and

5) Defense counsel was provided with copies of all recordings made of D under the statute (must be provided at least 20 days before trial)

BUT D need NOT be told that the statement will be recorded.

Front 26

"Confession Statute" and oral confession rule applies only if there was:

Back 26

1) Custody; and
2) Official interrogation.

If either is lacking, statute doesn't apply and oral statements made are admissible!

Front 27

1) Statement obtained in another state is admissible in TX prosecution if it was obtained in compliance with the laws of that state.

2) Statement obtained by federal officer is admissible if obtained in compliance with __.

Back 27

The laws of the United States.

Front 28

Explain the duties of the trial court where a question is raised pretrial as to voluntariness of a statement.

Back 28

Counsel should file pre-trial a motion to suppress the statement on the ground that it's not voluntary.

Where such a motion raises the issue of the voluntariness of a statement, trial court must holding a "Jackson v. Denno" hearing, take evidence, and determine whether the statement is voluntary.

The judge must also make findings of fact.

Front 29

Explain what evidence must be presented to get the court to allow the jury to consider the voluntariness issue.

Back 29

Counsel may have the issue submitted to the jury if the evidence before the jury raises an issue regarding the voluntariness of the statement.

Thus, counsel must introduce before the jury evidence indicating the confession was not voluntary.

Front 30

If the voluntariness of the statement is submitted to the jury, what is the jury told?

Back 30

The jury is told that a statement must be voluntary, what warnings are required, and when those warnings are necessary.

It is also told that the prosecution has the burden of proving beyond a reasonable doubt that any necessary warnings were given and that the statement was voluntary.

It is further instructed that if it has a reasonable doubt as to whether required warnings were given or whether the statement was voluntary, it should disregard the statement and not consider it in deciding whether the prosecution has proved the D. guilty.