Define
A person admits to something related to the act but may not have committed it?
Admission
Collateral Derivative Evidence?
Evidence of a secondary nature that is related to the case but not directly a part of it.
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?
Edward’s Rule
Mirandized
A term used by law enforcement officers to indicate that the suspect has been given the Miranda warnings
An intentional giving up of a known right or remedy?
Waiver
A person says they committed the act?
Confession
Custodial Interrogation?
An interrogation that takes place while a suspect is in custody.
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)
Harmless Error Rule
Public Safety Exception
Responses to questions by the police without the Miranda warnings are admissible if the questions are reasonable prompted by concerns for public safety
Established that the three-question test confirmed voluntariness if the answer to all three questions was yes?
Missouri v. Siebert (2004)
When the suspect is under arrest or deprived of freedom in a significant way?
Custody
Deprived Of Freedom In A Significant Way?
When a person’s freedom of movement is limited by the police and a reasonable person in the same circumstances would feel they were in custody.
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?
Miranda Rule
Voluntary Statement
A statement given without coercion and of the suspect’s own free will
The Supreme Court ruled that the harmless error rule is applicable to cases involving involuntary confessions?
Arizona v. Fulminante
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?
Functional Equivalent Of An Interrogation
General On-The-Scene Questioning?
Questioning at the scene of the crime
Miranda v. Arizona was decided by what Supreme Court vote?
By a 5-to-4 vote
Voluntary Waiver
A waiver that is not the result of any threat, force, or coercion
Once a suspect invokes their right to remain silent, they may not be questioned again for the same offense unless they initiate communication with the police?
Edwards v. Arizona (1981)
One given by a suspect who knows what they are doing?
Intelligent Wavier
Interrogation
When the police ask questions that tend to incriminate or create the functional equivalent of an interrogation
Why is Miranda important to trial court judges?
It is an easier standard to apply
Volunteered Statement
One given by the suspect without interrogation
The U.S. Supreme Court decided that a suspect’s invoking Miranda rights for questioning about one offense carries over to an unrelated offense?
Arizona v. Roberson