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12 Cards in this Set
- Front
- Back
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voluntariness under 14 d.p. clause |
1. confessions must be "voluntary" under the totality of the circumstances 2. both -internal factors: defendants attributes and condition -external factors: environment and police behavior 3.must include critical factor: police overreaching |
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TRIAL ERROR |
CAN BE MEASURED 1. no automatic reversal 2. subject to H.E. analysis 3. H.E. analysis: prosecution must prove -when remainder of evidence against defendant is viewed (w/o evidence from error) -admission of invol. conf. is harmless b.r.d. |
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STRUCTURAL ERROR |
CANNOT BE MEASURED 1. automatic reversal 2. not subject to H.E. analysis bc cannot be quantified so no way to measure damage |
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pros of confessions |
effective law enforcement tool frees the innocent prosecute the guilty leads to further evidence |
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cons of confessions |
undermines adversary system inherent unreliability gov as teacher 2 enforce laws disgust/revulsion
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No person shall be compelled in any criminal case to be a witness against himself
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1. no person 2. shall be compelled -in court -miranda setting -grand jury -statutory compulsion -statute is neutral on its face / directed at public at large (Sullivan) v. -statute aimed at highly selective group / inherently suspect of crim activities (Alberston)
3. in any criminal case 4. to be a witness -share content of mind 5.against himself |
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cruel trilemma |
1. self accusation 2. perjury 3. contempt
PA v. Mimms |
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being a witness against yourself |
testimonial or communicative evidence -contents of mind -guilty knowledge
v.
real or physical evidence -does not involve contents of mind -defendant is mere donor (hair, blood)
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when does miranda apply? custodial interrogation |
A. custody: 1) formal arrest or 2) restraint on freedom assoc w/ formal arrest
3) so long as childs age a) was known to officer at time of questioning or b) would have been objectively apparent to reasonable officer
B) interrogation 1. express questioning or 2. functional equivalent -words or actions that police should know are reasonably likely to elicit an incriminating response from suspect |
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miranda exceptions: public safety |
1. when reasonable officer in this situation 2. would have question prompted by immediate risk to public safety 3. defendant voluntarily responds
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miranda exceptions: routine booking questions |
1. biographical info needed to complete booking 2. for admin purposes only; other than to elicit incriminatory responses |
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miranda exceptions: undercover |
1. miranda warnings are not required when defendant is unaware he/she is talking to law enforcement 2. gives voluntary statement
-when you dont know you are talking to law enf, there is no coercion factor |
