Basics of Miranda
The Miranda rights are based on this amendment.
What is the 5th amendment?
This case established the requirement for law enforcement to inform individuals of their 5th amendment rights before interrogating them.
What is Miranda v. Arizona?
These are the four warnings that must be given to a suspect or accused prior to questioning.
What is 1) you have the right to remain silent, 2) anything you say can be used against you in a court of law, 3) you have a right to an attorney, 4) if you cannot afford an attorney, one will be appointed for you prior to questioning.
Term that means something is stated clearly and in detail, leaving no room for confusion or doubt.
What is explicit?
For this reason, the statement "I think I want a lawyer before I say anything else" by a suspect does not constitute an invocation of the right to counsel.
What is the statement is ambiguous and not clear enough to stop questioning?
The Miranda rights must be given when ___.
What is whenever there is a custodial interrogation?
This case ruled that individuals subjected to custodial interrogation are entitled to Miranda warnings, regardless of the nature of the offense.
What is Berkemer v. McCarty?
This amendment protects individuals from self-incrimination.
What is the 5th amendment?
Term that means something is implied though not plainly expressed.
What is implicit?
A rule that states once a suspect invokes the right to remain silent, they cannot be questioned again for the same offense unless they initiate further conversations with the police.
What is the Edwards rule?
The only exception for when Miranda rights are not forced to be given.
What is the roadside questioning of a motorist detained due to a routine traffic stop?
This case ruled that once a defendant invokes the right to counsel, police must cease questioning without counsel present.
What is Edwards v. Arizona?
These are the two things that determine whether someone is under custodial interrogation.
What is the suspect is in custody and under interrogation?
Term that means a person says they committed the act.
What is confession?
The difference between a volunteered statement and a voluntary statement.
What is a statement given by a suspect without interrogation, versus a statement given without coercion and of the suspects own will after given Miranda warnings.
Evidence of a secondary nature that is related to the case but not directly a part of it.
What is collateral derivative evidence?
This case ruled that Miranda v. Arizona is a constitutional decision that cannot be overruled by congress.
What is Dickerson v. United States?
The supreme court requires that waivers to the Miranda warnings meet these two things.
What is intelligent and voluntary?
Term that means a person admits to something related to the act but may not have committed it.
What is admission?
This case established that once a suspect requests a lawyer, the interrogation must stop.
What is Minnick v. Mississippi?
Trustworthy statements obtained in violation of Miranda may be used to obtain _____ _____ _____.
What is collateral derivative evidence?
This case established that a defendants confession obtained through coercion is not admissible in court.
What is Arizona v. Fulminante?
This case was based on the principle of coercion, and it established the requirement for police to inform individuals of their right to counsel during interrogations.
What is Spano v. New York?
Term that means the practice of persuading someone to do something by using force or threats.
What is coercion?
In this case, the court held that police may question a suspect about a second offense while the suspect has a lawyer for a different, although related, offense.
What is Texas v. Cobb?