CJS 431 revel chapter 8

Which is one of the four components of the self-incrimination clause?

A person cannot be compelled in any criminal case to be a witness against oneself.

Interrogation

Express questioning or the functional equivalent of a question. The definition of interrogation is important in the Miranda context because Miranda warnings do not need to be read if a person is not technically interrogated.

Cameron was accused of setting fire to his house and killing his three young daughters in the process. The police arrest him and booked him into county jail. A few days later after being held in jail, a jailhouse informant went to the police and told them that Cameron confessed to intentionally setting the fire that killed his daughters. Does deliberate elicitation exist in this scenario?

No

Massiah v. US (1964)

-Trickery cannot be used to obtain incriminating statements -deliberate elicitation and formal criminal proceedings.

______ refers to a situation when a person implicates him- or herself in criminal activity following police questioning and/or interrogation.

A Confession

The Four Components of the Self-Incrimination Clause

1. A person cannot be compelled; 2. in any criminal case; 3. to be a witness; and 4. against oneself

Three lines of cases involving confessions and the exclusionary rule

1. cases involving the standing of a party to challenge a confession, 2. cases where the prosecution seek to use a confession for impeachment, and 3. cases where a defendant seeks to exclude evidence that is 'fruit of the poisonous tree'

Allen was a suspect in a case homicide and was brought to the police station for questioning. Allen was read his Miranda rights and he agreed to talk to the police. After half an hour of interrogation, Allen admitted to being involved in the murder. Allen's statement is referred to as _________.

A Confession

Which is true regarding confessions obtained in violation of Miranda?

A confession may be obtained illegally, but that does not necessarily exclude subsequent evidence from being permissible in court.

18 U.S.C Section 3501

A federal statute enacted in the wake of the Miranda decision providing that any confession 'shall be admissible in evidence if it is voluntarily given.' the statute was deemed unconstitutional in Dickerson v. US

Which scenario is most likely to be accepted as permissible confession?

Amanda signs a document that she had written stating that she admitted to stealing jewelry from a store. The investigating officer signs the document, and then another officer who helped investigate signs the document.

Functional equivalent of a question

Any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.

After the remains of a missing woman are found in the wooded area behind a family farm, police began questioning individuals who resided in various homes on the property. One individual was an 18-yr-old man with an IA of 69 and a visibly apparent intellectual disability. After several hours of questioning, the man asked the police if he could go home if he confessed. The police said that he would be able to, so the man told the police that he killed the woman. This confession is then dismissed by the judge as involuntary. Which court case most closely supports this decision?

Colorado v. Connelly (1986)

Which of the following refers to the police tactic of deliberately and purposefully creating a scenario in which a suspect is manipulated or coerced into making an incriminating statement"

Deliberate elicitation

Testimonial Evidence

For Fifth Amendment purposes, 'testimonial evidence' is loosely defined to include incriminating statements made at any point during the criminal justice process, whether or not the person making such statements is under oath.

Deliberate Elicitation

In the Sixth Amendment right to counsel context, deliberate elicitation occurs when police officers create a situation likely to induce a suspect into making an incriminating statement.

Formal Criminal Proceedings

In the Sixth amendment right to counsel context, either a formal charge, a preliminary hearing, indictment, information, or arraignment.

Three days ago, a child was found murdered in a neighborhood park. Julian was arrested for the murder and booked into the county jail. The police began to question Julian regarding his whereabouts on the day the child was murdered. The police also asked him whether he knew the child or the child's family. After two hours of questioning, Julian told the police he did in fact murder the child. Which of the following best describes the actions of the police in this scenario?

Interrogation

A document that contains information about each interrogation and the individuals involved in the interrogations is referred to as a(n)___________

Interview log

Edgar was arrested for stabbing and killing a man at a bar. The police questioned Edgar without reading him his Miranda warnings. After about an hour of questioning, Edgar confessed to the stabbing and told the police where the murder weapon was located. Is the murder weapon admissible in court?

It depends on whether the confession was voluntary.

Which scenario would result in an excluded confession?

Jacob, who is grievously injured, confessing to a crime after being detained in custody for 48 hours without medical treatment.

Which action of the police when obtaining a confession is, by itself, sufficient to render a confession involuntary?

Police Brutality

Sean Lawson was arrested following a robbery and double homicide. He was brought to the police station for questioning. The police have had several other encounters with Lawson and know that he is 18 years old and dropped out of school when he was in 7th grade. As the police were questioning Lawson, they told him they found his fingerprints at the scene, even though they had no such evidence. They also told him if he confessed they would let him go home. After 26 hours of questioning, Lawson confessed to the robbery and double homicide. Which of the following statements is true regarding the voluntariness of the confession?

The confession is likely to be considered involuntary because of all of the above

Physical Evidence

The opposite of testimonial evidence. Physical evidence can include murder weapons, documents, and even the results from police lineups.

Which is true of the Miranda protections?

The person being questioned must be in police custody.

The police receive a call about someone trespassing at an apartment complex. While driving to the scene, they see a man who fits the description of the suspect. The police stop the man, ask to see his ID, and ask where he is going. The man states that he is on his way to a friend's house. The police don't believe him and question him further about his friend and the location of the house. After about five minutes of questioning, the police decide to arrest the man for criminal trespassing. At that point, they do not ask the man any more questions. Which of the following statements is true?

The police did not need to read the man his Miranda rights because he was not in custody at the time of questioning.

Fair examination rule

The requirement that a witness, including the defendant, at either a trial or a grand jury hearing can be compelled to answer questions once he or she waives Fifth Amendment protection and begins to testify.

Due process voluntariness approach

The requirement that any confession be voluntary under the 'totality of circumstances.'

Custody

Typically an arrest. Custody is important in the Miranda context because Miranda warnings do not need to be read if a person is not in custody.

Admission

When a person can simply admit to involvement in a crime without any police encouragement.

Confession

When a person implicates himself or herself in criminal activity following police questioning and/or interrogation

The Sixth Amendment's guarantee of a right to counsel becomes applicable at which point?

When formal criminal proceedings begin

In which situation is a suspect's confession most likely to be considered as involuntary?

When the police apply psychological pressure and promise leniency

In which of the following scenarios is a suspect's confession most likely to be considered as coerced?

When the police officers use physical force to obtain the confession

Miranda Warnings

While there are some variations, the Miranda warnings contain four elements: 1. You have the right to remain silent; 2. anything you say can be used against you in court; 3. you have the right to talk to an attorney and to have the attorney with during questioning; and 4. if you cannot afford an attorney, one will be provided for you.