Before Miranda
What is a admission
A person admits to something related to an act but may not committed it
What is the case that Sparked Miranda rights
Miranda V. Arizona (1966)
What is Edwards V. Arizona
held that once a suspect clearly invokes the right to counsel during custodial interrogation, police must stop questioning immediately. Any further interrogation is only allowed if the suspect initiates the conversation, ensuring stronger protection of the Fifth Amendment right against self-incrimination.
What is a Intelligent waiver
One given by a suspect who knows what they are doing
What is a confession
A person says they committed a crime
Can a confession be coerced
NO
What was Miranda V. Arizona about
held that statements made during custodial interrogation are inadmissible unless police inform the suspect of their rights to remain silent and to an attorney. The decision established the now-familiar “Miranda warnings,” ensuring that suspects’ Fifth Amendment protections against self-incrimination are upheld.
What is Minnick V Mississippi
held that once a suspect has obtained counsel and then is interrogated without that attorney present, any resulting confession is inadmissible. The Court emphasized that the right to counsel includes having the attorney physically present during questioning once representation has been secured.
What amendment do the Miranda right fall under
What is a custodial interrogation
An interrogation that takes place while a suspect is in custody.
What's it called when a friend of a suspect is brought in to win sympathy and to pressure suspect into confessing
Deception
What are your Miranda rights (4 rights)
You have the right to remain silent.
Anything you say can be used against you in court.
You have the right to an attorney.
If you cannot afford one, an attorney will be provided for you.
What is Texas V Cobb
held that the Sixth Amendment right to counsel is “offense-specific,” meaning it applies only to the particular charged offense and not to other, uncharged offenses—even if they are factually related. Because of this, police may question a defendant about uncharged crimes without the defendant’s attorney present, as long as those crimes are legally distinct from the charged offense.
T or F Police must obtain a signed waiver for a confession to be admissible after they give the Miranda warnings.
False (Police do not have to obtain a signed waiver; the waiver may be verbal. The better practice, however, is to obtain a signed waiver.)
What is the Harmless error rule
A rule stating that an error made by the trial court in admitting illegally obtained evidence does not lead to a reversal of the conviction if the error is determined to be harmless. The prosecution has the burden of proving that the error is in fact harmless.
Why is a confession that was brought upon by constant interrogation and threats not valid even after suspect refused questioning
Its not voluntary
What is the exception for Miranda rights
The roadside questioning of a motorist detained pursuant to a routine traffic stop does not require the Miranda warnings
What is United states V Henry
held that the government violated the defendant’s Sixth Amendment right to counsel by intentionally creating a situation likely to elicit incriminating statements through a paid jailhouse informant. Because the informant engaged Henry in conversation after indictment without his lawyer present, the statements were deemed inadmissible.
T or F Police have to mirandize anybody they ask questions
False, only when they are asking questions about a crime.
What is the Edwards rule
Once a suspect invokes the right to remain silent, they cannot be questioned again for the same offense unless they initiate further communication, exchanges, or conversation with the police.
What is Escobedo V. Illinois
Escobedo was persuaded to confess after he was denied his right to counsel
What is Berkemer V McCarty
held that routine traffic stops are typically not considered “custodial,” so police do not need to give Miranda warnings during the initial roadside questioning. However, once a person is formally taken into custody, Miranda protections apply regardless of whether the offense is a misdemeanor or a felony.
What is Kaupp V Texas
held that taking a 17-year-old from his home in the middle of the night, without a warrant, probable cause, or consent, constituted an unlawful arrest. Because the subsequent confession was obtained after this illegal seizure, the Supreme Court ruled it must be suppressed as the product of an unconstitutional detention.
What is collateral derivative evidence
Evidence of a secondary nature that is related to the case but not directly a part of it.
What is the functional equivalent of an interrogation
Instances in which no questions are actually asked by the police but in which the circumstances are so conducive to making a statement or confession that the courts consider them to be the equivalent of interrogation.