Chapter 11 Confessions and Admissions: Miranda v. Arizona

When are Miranda Warnings not needed?

1. When a statement is made by a private person 2. when a suspect testifies before a grand jury 3. When there is a threat to public safety 4. when an uncover officer poses as an inmate and asks questions 5. during general on-the-scene questioning

What are situations that do not require or fully apply the Miranda Warnings?

1. using a voluntary but inadmissible statement to impeach a defendants credibility 2. Using an inadmissible statement to obtain collateral derivative evidence

What is Custodial Interrogation?

An interrogation that takes place while a suspect is in custody

When can a defendant waive their rights?

Custodial Interrogation custody situation interrogation

What situations that required Miranda Warnings?

Further questioning about the same offense after a suspects asks for a lawyer

How Miranda Warnings are given to suspects? (What is constitutional)

I HAVE NO CLUE!

What did the court ruled in Dickerson v. United States?

Miranda, being a constitutional decision of this Court, may not be in effect overruled by an Act of Congress."

Distinguish Miranda from the Right to Counsel?

Miranda: Apply only during custodial interrogation Right to counsel:Applies in many proceedings-before trial, during trial, and during an appeal of a conviction

What is Public Safety Exception?

Responses to questions by the police without the Miranda warnings are admissible if the questions are reasonably prompted by concerns for public safety

what did the court rule in Edwards v. Arizona?

is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation.

What did the court rule in Fellers v. United States?

the Court held that officers violated Fellers' Sixth Amendment right to counsel by deliberately eliciting incriminating information from him after an indictment and in the absence of a lawyer.

What did the court rule in Massiah v. United States?

the Supreme Court held that in addition to the Right to Counsel at the trial stage, the Sixth Amendment also affords a defendant the right to legal counsel in pretrial stages. The Court held that this right attaches once the accused has been indicted and that the accused is protected from deliberate elicitation of information, including face-to-face encounters with police officers and approaches by unknown government informants.

What is the significance of Miranda v. Arizona

the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

What is Miranda v. Arizona?

was a Supreme Court case that overturned Ernesto Miranda's conviction for kidnapping and rape because he had not been informed of his legal rights prior to confessing. Miranda did not know that he could ask for an attorney or remain silent during questioning.

Miranda Warnings are given for all offenses except?

Traffic stops

What is a Custody situation?

When the person is under arrest or deprived of freedom in a significant way

What is an Interrogation?

When the police ask questions that tend to incriminate or create the functional equivalent of an interrogation