Use of Un-Mirandized Statements & Harmless Error on Appeal
The landmark U.S. Supreme Court case that created the requirement for Miranda warnings.
What is Miranda v. Arizona?
When a suspect clearly states they want an attorney, they are doing this.
What is invoking Miranda rights?
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 the Edwards rule?
This phrase describes questioning by police when a suspect is not free to leave.
What is custodial interrogation?
A term used by law enforcement officers to indicate that the suspect has been given the Miranda warnings.
What is the term "Mirandized?"
This party has the burden of proving a Miranda mistake did not affect the trial outcome.
Who is the prosecution?
A suspect who answers questions after hearing the warnings may give this type of waiver, even if they never said “I waive my rights.”
What is an implied waiver?
Evidence of a secondary nature that is related to the case but not directly a part of it.
What is collateral derivative evidence?
The test that asks whether a reasonable person would feel free to end the police encounter.
What is the reasonable-person test?
Evidence obtained by the police during custodial interrogations cannot be used in court during trial unless the defendant was first informed of the right not to incriminate themselves and the right to a lawyer.
What is the Miranda 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.
What is the harmless error rule?
Type of waiver given by a suspect who knows what they are doing.
What is an intelligent waiver?
Responses to questions by the police without the Miranda warnings are admissible if the questions are reasonably prompted by concerns for public safety due to this exception.
What is the public-safety exception?
These specific rights must be read before interrogation: silence, attorney, appointed counsel, and warning that statements can be used in court.
What are the Miranda rights?
The two conditions that must both exist before Miranda warnings are required
What are custody and interrogation?
A person admits to something related to the act but may not have committed it.
What is an admission?
An intentional giving up of a known right or remedy.
What is a waiver?
The term for police questioning at the scene of the crime.
What is general on-the-scene-questioning?
Miranda typically applies in these environments: police stations, patrol cars, or similar settings involving restraint.
What is a custodial setting?
One of the standard warnings given in every Miranda advisement, telling a suspect they don’t have to talk
What is "You have the right to remain silent"?
The court case that ruled that the harmless error rule is applicable to cases involving involuntary confessions.
What is Arizona v. Fulminante (1991)?
A waiver that is not the result of any threat, force, or coercion.
What is a voluntary waiver?
A person says they committed the act.
What is a confession?
Before Miranda existed, courts used this constitutional test to decide if a confession was admissible.
What is the voluntary person test under due process?
The constitutional amendment that protects against self-incrimination and underlies the requirement for Miranda warnings.
What is the Fifth Amendment?