Confessions and Admissions
COLORADO V. CONNELLY
A WAIVER "FOLLOWING THE ADVICE OF GOD" MAY BE VALID.
BROWN V. MISSISSIPPI, 297 U.S. 278 (1936)
CONFESSION NOT VALID BECAUSE OF COERCION AND BRUTALITY.
ADMISSION
MEANS THAT THE PERSON OWNS UP TO SOMETHING RELATED TO THE ACT BUT MAY NOT HAVE COMMITTED IT.
VOLUNTARY WAIVER
ONE THAT IS NOT THE RESULT OF ANY THREAT, FORCE, OR COERCION AND IS MADE OF THE SUSPECTS OWN FREE WILL.
WHEN A SUSPECT WITHDRAWS A WAIVER, WHAT MUST YOU DO?
STOP!!!!!!
TEAGUE V. LOUISIANA
THERE IS NO PRESUMPTION OF A WAIVER FROM SILENCE AFTER THE WARNINGS.
MIRANDA 3 QUESTION TEST
1.) WERE THE MIRANDA WARNINGS GIVEN? 2.) IF THEY WERE GIVEN, WAS THERE A WAIVER? 3.) IF THERE WAS A WAIVER, WAS IT INTELLIGENT AND VOLUNTARY.
WHEN IS A SUSPECT IN CUSTODY?
1.) WHEN THE SUSPECT IS UNDER ARREST. 2.) WHEN THE SUSPECT IS NOT UNDER ARREST BUT IS DEPRIVED OF FREEDOM IN A SIGNIFICANT WAY (WHEN THE PERSONS FREEDOM OF MOVEMENT HAS BEEN LIMITED BY THE POLICE).
GENERAL RULE
A PERSON SUBJECTED TO CUSTODIAL INTERROGATION MUST BE GIVEN THE MIRANDA WARNINGS REGARDLESS OF THE NATURE OR SEVERITY OF THE OFFENSE AND WHETHER THE PERSON GOES TO JAIL OR NOT.
VOLUNTEERED
A STATEMENT MADE BY A SUSPECT MADE W/O INTERROGATION. MIRANDA WARNINGS ARE NOT NEEDED AND IT IS TYPICALLY BLURTED OUT.
NORTH CAROLINA V. BUTLER
AN EXPRESS WAIVER IS NOT REQUIRED.
WHY IS MIRANDA REQUIRED AT A POLICE STATION?
BECAUSE IT IS A COERCIVE ATMOSPHERE.
CHAMBERS V. FLORIDA, 309 U.S. 227 (1940)
CONFESSION NOT VALID BECAUSE OF COERCION.
ROGERS V. RICHMOND, 365 U.S. 534 (1961)
CONFESSION NOT VALID BECAUSE OF INVOLUNTARINESS.
ESCOBEDO V. ILLINOIS, 378 U.S. 748 (1964)
CONFESSION NOT VALID BECAUSE THE SUSPECT WAS DENIED COUNSEL AT THE POLICE STATION.
SPANO V. NEW YORJ, 360 U.S. 315(1959)
CONFESSIONS NOT VALID BECAUSE OF DECEPTION.
LINEUPS DO NOT REQUIRE MIRANDA WARNINGS. WHY?
DURING LINEUPS, THE EVIDENCE OBTAINED IS PHYSICAL IN NATURE AND DOES NOT CONSTITUTE ORAL OR TESTIMONIAL SELF-INCRIMINATION.
INTELLIGENT WAIVER
GIVEN BY A SUSPECT WHO KNOWS WHAT HE OR SHE IS DOING AND IS SUFFICIENTLY COMPETENT TO WAIVE HIS OR HER RIGHTS.
THE WAIVER MUST BE _____________ AND _______________________?
INTELLIGENT AND VOLUNTARY.
WAIVER
IS AN INTENTIONAL RELINQUISHMENT OF A KNOW RIGHT OR REMEDY.
CONFESSION
MEANS THAT A PERSON SAYS HE OR SHE COMMITTED THE ACT.
CUSTODIAL INTERROGATION
MEANS THAT THE SUSPECT IS IN CUSTODY AND UNDER INTERROGATION.
VOLUNTARY
NO FORCE, THREAT, OR COERCION AND OF FREE WILL.
Fifth Amendment
No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
INTERROGATION
OCCURS WHEN THE POLICE ARE ASKING QUESTIONS THAT TEND TO INCRIMINATE OR WHEN THE POLICE ASK NO QUESTIONS BUT, THROUGH THEIR ACTIONS, CREATE THE "FUNCTIONAL EQUIVALENT" ON AN INTERROGATION.
IS MIRANDA PRIMARILY A PROTECTION AGAINST SELF INCRIMINATIONOR A RIGHT TO COUNSEL?
PROTECTION AGAINST SELF-INCRIMINATION.
HARMLESS ERROR RULE
SAYS THAT AN ERROR MADE BU THE TRIAL COURT IN ADMITTING ILLEGALLY OBTAINED EVIDENCE DOES NOT REQUIRE A REVERSAL OF THE CONVICTION IF THE ERROR IS DETERMINED TO BE HARMLESS. THIS NOW APPLIES TO INVOLUNTARY CONFESSIONS.
WHAT DID NY V. QUARLES SAY?
THE "PUBLIC SAFETY EXCEPTION" IS LIMITED TO CASES IN WHICH THERE IS IMMEDIATE DANGER TO THE PUBLIC.
EXCEPTION: BERKEMER V. MCCARTY, 468 U.S. 420 (1984)
THE ROADSIDE QUESTIONING OF A MOTORIST DETAILNED PURSUANT TO A ROUTINE TRAFFIC STOP DOES NOT REQUIRE THE MIRANDA WARNINGS.
WHEN MUST THE MIRANDA WARNINGS BE GIVEN?
WHENEVER THERE IS "CUSTODIAL INTERROGATION."
