Self Incrimination
what type of evidence is available for this privilege ?
what is - testimonial & compelled
what are they?
what is:
right to remain silent, anything you say can and will be used against you in the court of law, right to an attorney, if you cannot $$ one will be appt to you
How can an accused terminate an interrogation?
By invoking his right to remain silent or by requesting counsel
This landmark case established that police must inform suspects of their right to remain silent and their right to an attorney before custodial interrogation.
what is miranda v Arizona
Even if Miranda warnings are given, a statement can still be excluded if the court finds the confession was not this.
what is voluntary
This protection applies to who? and who does it not apply to?
what is - does not apply to legal entities such as corporations/ applies to natural persons *
what is custody?
Reasonable person in D's situation wouldn't feel free to leave
Unambiguously *
The 5th Amendment protects individuals from being forced to do this against themselves in a criminal case.
what is self incrimination
This doctrine prevents the government from using evidence derived from an involuntary or Miranda-violative confession, unless the link is sufficiently attenuated.
what is the fruit of the poisonous tree?
exceptions?
what is - waiver
what is interrogation?
statements by police likely to elicit incriminating response
When can the police reinitiate dialogue with accused?
only when accused re-initiates / OR significant time passed and about unrelated crimes - still must be re-mirandized
A statement obtained during custodial interrogation is inadmissible if this constitutional warning is not properly given and waived.
what are miranda warnings
Police arrest Alex, handcuff him, and place him in the back of a locked squad car, but before reading him his Miranda rights, an officer casually asks:
"Why did you do it?"
Alex confesses. At trial, the prosecution offers the confession.
What is an inadmissible statement because Alex was subject to custodial interrogation without Miranda warnings?
applies to both criminal and civil?
Yes - any person in any proceeding (crim or civil may refuse to answer a q if response might incriminate herself)
exception?
Public safety - police may interrogate S without Miranda warning if necessary for public safety* (D has info about a bomb that could go off in vicinity)
how does the 14th amendment due process clause play a role?
Confessions Must be voluntary
This exception to Miranda allows certain statements to be admitted even without warnings if public safety is at immediate risk.
During a police interrogation, Mark is read his Miranda rights. He says: "Maybe I should talk to a lawyer." The detectives continue questioning him, and he confesses. His attorney moves to suppress the confession. - BONUS - name the case
The statement is likely admissible because Mark’s statement was ambiguous and did not amount to an unequivocal invocation of the right to counsel
Davis v US
Waiver requires ?
knowingly, Voluntarily, Intelligently made
what is required for miranda to apply?
Custodial Interrogation
How is voluntariness assessed?
Totality of Circumstances
A confession is considered involuntary if obtained through this kind of police behavior, which overcomes the suspect’s free will.
what is coercion
Federal agents arrest Tony for tax fraud. Without reading Miranda, they ask routine booking questions, including his address, Social Security number, and place of employment. Tony answers truthfully.
These statements are admissible under the routine booking exception, which allows biographical data to be collected without Miranda warnings