English Common Law: Admissions and Confessions

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What is the overriding procedural requirement for obtaining admissions and confessions?

The voluntariness of the confession

What was the historical approach to extracting confessions in English Common Law?

Permissive with no restrictions

In what century did the English begin to consider whether confessions were induced by promises or threats?

1700's

What was the significance of the Bram v. United States (1897) case?

It established the voluntariness rule Signup and view all the answers

What was the significance of the Brown v. Mississippi (1936) case?

It further developed the voluntariness rule Signup and view all the answers

What was the original source of the US standard for confessions?

British tradition and common law Signup and view all the answers

Why is the assistance of an attorney part of the Miranda warning?

Because the attorney may need to be present to protect the suspect's Fifth Amendment right Signup and view all the answers

What is the Miranda Equation?

Custody + Interrogation = Miranda Signup and view all the answers

What type of evidence does Miranda apply to?

Testimonial evidence only Signup and view all the answers

Why might a person be discouraged from talking after being read their Miranda warning?

Because they might do so otherwise Signup and view all the answers

What is the general rule for status requirements for Miranda?

It applies to known LE officers and their agents Signup and view all the answers

What is the definition of custody for Miranda purposes?

A reasonable person looking at the circumstances believes that the suspect was not free to leave or to refuse to answer questions Signup and view all the answers

What can establish a custody situation for Miranda purposes?

Grabbing or touching the subject for the purpose of preventing their departure or forcing them to answer questions Signup and view all the answers

What can affect the need for Miranda warnings?

All of the above Signup and view all the answers

What is the significance of a 'technical arrest' in relation to Miranda warnings?

Miranda warnings are never required in a technical arrest Signup and view all the answers

What factors need to be considered regarding location in relation to Miranda warnings?

Three factors Signup and view all the answers

What was the outcome of the US Supreme Court's decision in the case of Ashcroft v. Tennessee (1944)?

The court reversed the conviction. Signup and view all the answers

What was the significance of the Leyra v. Denno (1954) case?

It led to the reversal of a conviction due to a coerced confession. Signup and view all the answers

What was the outcome of the Spano v. New York (1959) case?

The court reversed the conviction. Signup and view all the answers

What was the significance of the Townsend v. Sain (1963) case?

It led to the reversal of a conviction due to a coerced confession obtained through the use of truth serum. Signup and view all the answers

What was the outcome of the Miranda v. Arizona (1966) case?

The court established the Miranda warning. Signup and view all the answers

What is the primary purpose of the Miranda warning?

To inform suspects of all of the above. Signup and view all the answers

What is the significance of the 'voluntariness' standard?

It ensures that confessions are obtained voluntarily and without coercion. Signup and view all the answers

What was the significance of the reformist movement of the 1960s?

It sought to reform police interrogation practices. Signup and view all the answers

What was the outcome of the US Supreme Court's decision in the Ashcroft v. Tennessee (1944) case?

The court reversed the conviction. Signup and view all the answers

What is the primary purpose of the Fifth Amendment?

To protect against self-incrimination. Signup and view all the answers

What makes a location seem more custodial to a suspect?

Unfamiliarity with the location Signup and view all the answers

What is not considered interrogation?

Booking questions Signup and view all the answers

What is an example of an action that can be considered interrogation?

Making statements to play on a suspect's sympathies Signup and view all the answers

Who has the burden of proof in establishing that a Miranda warning was given?

The prosecution Signup and view all the answers

What is the minimum requirement for a waiver of Miranda rights?

A clear understanding of the rights by the suspect Signup and view all the answers

Who should supervise the interrogation of juveniles?

A Deputy Juvenile Officer Signup and view all the answers

What is a consideration when dealing with inexperienced or reclusive individuals?

Taking extra time to explain the rights and process Signup and view all the answers

What is a consideration when dealing with individuals with sub-standard intelligence?

Using simple language to explain the rights Signup and view all the answers

What is a consequence of not giving a Miranda warning?

The evidence obtained will be inadmissible in court Signup and view all the answers

What can a suspect do at any time during the interrogation?

All of the above Signup and view all the answers

What is the minimum level of understanding required for a person to waive their Miranda rights?

Ability to function well enough to provide a cogent account of events Signup and view all the answers

Can a person's lawyer waive their Miranda rights on their behalf?

No, the person must waive their rights themselves Signup and view all the answers

What should you do if a person refuses to waive their Miranda rights?

End the interrogation session and return the person to their cell Signup and view all the answers

Can a person waive their Miranda rights without signing a written waiver?

Yes, a written waiver is not required Signup and view all the answers

What should you do if a person starts talking after the Miranda warning, but before indicating they understand their rights?

Stop the person and make sure they understand their rights Signup and view all the answers

Can a person's Miranda rights be waived tacitly or impliedly?

No, a waiver of rights must be overt and explicit Signup and view all the answers

What should you do if a person indicates they do not understand the Miranda warning?

Ask the person what they do not understand and explain the rights in a simplified manner Signup and view all the answers

Can you ask a person to reconsider and waive their Miranda rights after they have initially refused?

Yes, but only if you avoid the appearance of 'badgering' or 'nagging' Signup and view all the answers

What is the significance of the State v. Mitchell (1999) court case?

It established that a person with a blood alcohol level of 0.24% can still waive their Miranda rights Signup and view all the answers

What should you do if a person's lawyer is present during the interrogation session?

You should ask the lawyer if they want the rights read Signup and view all the answers

If a suspect refuses to talk to an officer, but does not request an attorney, what can another officer do?

Question the suspect about another crime Signup and view all the answers

What happens if a suspect changes their mind about talking to an officer or requesting an attorney?

The officer must document the change of mind Signup and view all the answers

What is required for a valid waiver of the right to an attorney?

The suspect must initiate the waiver Signup and view all the answers

When is an officer required to stop the interrogation in response to a suspect's statement?

If the suspect makes an unambiguous request for an attorney Signup and view all the answers

What is the requirement for repeating the Miranda warning?

The warning must be repeated if there is a significant passage of time between sessions or a change in personnel Signup and view all the answers

What is the significance of the State v. Siebert (2002) case?

It rejected the two-part interrogation technique as unconstitutional Signup and view all the answers

According to Edwards v. Arizona (1980) and Minnick v. Mississippi (1990), what is required before a suspect who has invoked their right to an attorney can be reapproached?

The suspect must be released from custody and a 14-day waiting period must pass Signup and view all the answers

What is the significance of the Maryland v. Shatzer (2010) case?

It established a 14-day waiting period after release from custody before reapproaching a suspect Signup and view all the answers

What happens if a suspect is convicted and incarcerated?

They can be reapproached for questioning about the same or other issues after the prison becomes their normal conditions of living Signup and view all the answers

What is the burden of proof regarding the interpretation of a suspect's statements?

The burden of proof lies with the prosecution Signup and view all the answers

What is the main issue regarding the 14-day restriction in custodial interrogations?

Whether it applies to all crimes and jurisdictions Signup and view all the answers

What is the argument for the 14-day waiting period in custodial interrogations?

To allow the suspect to recover their sense of autonomy Signup and view all the answers

What is the implication of Justice Scalia's reasoning in the 14-day waiting period decision?

That the 14-day waiting period applies to all police-initiated questioning during that period Signup and view all the answers

What is the significance of the Sixth Amendment in relation to criminal proceedings?

It protects the defendant's right to have an attorney present at all significant points of the criminal proceedings Signup and view all the answers

When does a suspect become a defendant in the eyes of the law?

When the government signals its intention to prosecute through formal charges or arraignment Signup and view all the answers

What is the ruling in Louisiana v. Montejo (2009) regarding the questioning of arraigned defendants?

Officers can approach an arraigned defendant to determine if they are willing to be questioned without an attorney present Signup and view all the answers

What happens if a defendant expresses a wish for an attorney at any point after the first judicial appearance?

No further contact can be made with the defendant until they have seen an attorney Signup and view all the answers

What is the restriction on interrogations of a charged defendant?

Interrogations are only allowed for the crime with which they were charged Signup and view all the answers

What is the significance of the Miranda warning in custodial interrogations?

It establishes a knowing waiver of the right to an attorney Signup and view all the answers

What is the main difference between the 14-day restriction and the Sixth Amendment rights?

The 14-day restriction applies to custodial interrogations, while the Sixth Amendment rights apply to all criminal proceedings Signup and view all the answers

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Study Notes

Voluntariness and the Development of the Voluntariness Standard

In English Common Law, there were initially no restrictions on extracting confessions, with methods including coercion, torture, and promising benefits.
In the 1700s, English courts began to consider whether confessions were induced by promises, threats, or other circumstances that could impair their reliability.
The tradition of considering the voluntariness of confessions was inherited by American colonies and later developed in the US.

The Development of the Voluntariness Rule

In Bram v. United States (1897), the US Supreme Court held that a confession obtained by improper influence is not voluntary.
In Brown v. Mississippi (1936), the Court reversed a conviction based on coerced confessions obtained through brutality and torture.
In Ashcroft v. Tennessee (1944), the Court emphasized the need to consider the circumstances of the confession and the suspect's mental freedom.

The Birth of the Miranda Warning

In Miranda v. Arizona (1966), the US Supreme Court established the Miranda warning, requiring police to inform suspects of their rights before interrogation.
The warning must inform the suspect of their right to remain silent, the right to an attorney, and the right to have an attorney appointed if they cannot afford one.

Key Aspects of the Miranda Warning

Custody and interrogation are required for the Miranda warning to apply.
The warning must be given before any custodial interrogation.
The suspect must be made aware of their rights and voluntarily waive them.
The warning is not required for non-testimonial evidence.

Applying the Miranda Warning

Any statement or action intended to elicit an incriminating response is considered interrogation.
Booking questions are generally not considered interrogation.
A written waiver is not legally required, but it serves as evidence of the reading of the warning and subsequent waiver.

Exceptions and Special Cases

Juveniles should not have Miranda warnings given by patrol officers, but rather by a Deputy Juvenile Officer.
Special care must be taken when dealing with inexperienced or vulnerable individuals, such as those with sub-standard intelligence or under the influence.
If a suspect cannot understand the Miranda warning, the officer may explain and re-read the rights in a simplified manner.

Responses to the Miranda Warning

If the suspect refuses to talk, the interrogation session should be ended.
If the suspect requests an attorney, all interrogation must cease, and an attorney must be present before further questioning.
If the suspect initially refuses to talk but later decides to cooperate, the waiver must be carefully documented.
A suspect may change their mind at any time in the process, and the waiver must be re-obtained.

Repeating the Miranda Warning

The warning should be repeated if there is a significant passage of time between sessions, a change in personnel, or a change in location.
However, repeating the warning is not required for a change in topic or for non-testimonial evidence.

Two-Part Interrogations

The two-part interrogation technique, where the suspect is initially questioned without the Miranda warning, is unconstitutional (see State v. Siebert, 2002, and Yarborough v. Alvarado, 2004).### Miranda Rights and Interrogation
In 1990, the USSC established in Mississippi v. that a suspect who has invoked their Miranda right to an attorney in custody can be approached, Mirandized, and interrogated again only after they have been released from custody.

Waiting Period and Custody

The USSC established a 14-day waiting period after release from custody before a suspect can be reapproached for questioning.
This applies even if the suspect is convicted and incarcerated, as the prison becomes their normal living conditions.
The 14-day waiting period allows the suspect to recover their sense of autonomy and make a free decision regarding cooperation.

Unclear Issues

It is unclear whether the 14-day restriction applies if the subject is not taken back into custody but questioned outside of custody.
It is unclear whether the 14-day waiting period applies to just the crime for which the suspect invoked their rights or to all officers, crimes, and jurisdictions.

Sixth Amendment Rights

A suspect becomes a defendant when the government signals its intention to prosecute by initiating "adversarial judicial proceedings".
As a defendant, they have a Sixth Amendment right to have an attorney present at all significant points of the criminal proceedings.
Once a defendant, many rules discussed under Miranda no longer apply.

Interrogation of Charged Defendants

Officers may approach an arraigned defendant to determine if they are willing to be questioned without an attorney present, as established in Louisiana v. Montejo (2009).
If the defendant agrees, officers may interrogate without an attorney present, but a Miranda warning should be used to establish a knowing waiver of the right.
If the defendant expresses a wish for an attorney at any point after the first judicial appearance, no contact should be made with the suspect until they have seen an attorney.

English Common Law: Admissions and Confessions

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Questions and Answers

What is the overriding procedural requirement for obtaining admissions and confessions?

What was the historical approach to extracting confessions in English Common Law?

In what century did the English begin to consider whether confessions were induced by promises or threats?

What was the significance of the Bram v. United States (1897) case?

What was the significance of the Brown v. Mississippi (1936) case?

What was the original source of the US standard for confessions?

Why is the assistance of an attorney part of the Miranda warning?

What is the Miranda Equation?

What type of evidence does Miranda apply to?

Why might a person be discouraged from talking after being read their Miranda warning?

What is the general rule for status requirements for Miranda?

What is the definition of custody for Miranda purposes?

What can establish a custody situation for Miranda purposes?

What can affect the need for Miranda warnings?

What is the significance of a 'technical arrest' in relation to Miranda warnings?

What factors need to be considered regarding location in relation to Miranda warnings?

What was the outcome of the US Supreme Court's decision in the case of Ashcroft v. Tennessee (1944)?

What was the significance of the Leyra v. Denno (1954) case?

What was the outcome of the Spano v. New York (1959) case?

What was the significance of the Townsend v. Sain (1963) case?

What was the outcome of the Miranda v. Arizona (1966) case?

What is the primary purpose of the Miranda warning?

What is the significance of the 'voluntariness' standard?

What was the significance of the reformist movement of the 1960s?

What was the outcome of the US Supreme Court's decision in the Ashcroft v. Tennessee (1944) case?

What is the primary purpose of the Fifth Amendment?

What makes a location seem more custodial to a suspect?

What is not considered interrogation?

What is an example of an action that can be considered interrogation?

Who has the burden of proof in establishing that a Miranda warning was given?

What is the minimum requirement for a waiver of Miranda rights?

Who should supervise the interrogation of juveniles?

What is a consideration when dealing with inexperienced or reclusive individuals?

What is a consideration when dealing with individuals with sub-standard intelligence?

What is a consequence of not giving a Miranda warning?

What can a suspect do at any time during the interrogation?

What is the minimum level of understanding required for a person to waive their Miranda rights?

Can a person's lawyer waive their Miranda rights on their behalf?

What should you do if a person refuses to waive their Miranda rights?

Can a person waive their Miranda rights without signing a written waiver?

What should you do if a person starts talking after the Miranda warning, but before indicating they understand their rights?

Can a person's Miranda rights be waived tacitly or impliedly?

What should you do if a person indicates they do not understand the Miranda warning?

Can you ask a person to reconsider and waive their Miranda rights after they have initially refused?

What is the significance of the State v. Mitchell (1999) court case?

What should you do if a person's lawyer is present during the interrogation session?

If a suspect refuses to talk to an officer, but does not request an attorney, what can another officer do?

What happens if a suspect changes their mind about talking to an officer or requesting an attorney?

What is required for a valid waiver of the right to an attorney?

When is an officer required to stop the interrogation in response to a suspect's statement?

What is the requirement for repeating the Miranda warning?

What is the significance of the State v. Siebert (2002) case?

According to Edwards v. Arizona (1980) and Minnick v. Mississippi (1990), what is required before a suspect who has invoked their right to an attorney can be reapproached?

What is the significance of the Maryland v. Shatzer (2010) case?

What happens if a suspect is convicted and incarcerated?

What is the burden of proof regarding the interpretation of a suspect's statements?

What is the main issue regarding the 14-day restriction in custodial interrogations?

What is the argument for the 14-day waiting period in custodial interrogations?

What is the implication of Justice Scalia's reasoning in the 14-day waiting period decision?

What is the significance of the Sixth Amendment in relation to criminal proceedings?

When does a suspect become a defendant in the eyes of the law?

What is the ruling in Louisiana v. Montejo (2009) regarding the questioning of arraigned defendants?

What happens if a defendant expresses a wish for an attorney at any point after the first judicial appearance?

What is the restriction on interrogations of a charged defendant?

What is the significance of the Miranda warning in custodial interrogations?

What is the main difference between the 14-day restriction and the Sixth Amendment rights?

Studying That Suits You

Study Notes

Voluntariness and the Development of the Voluntariness Standard

The Development of the Voluntariness Rule

The Birth of the Miranda Warning

Key Aspects of the Miranda Warning

Applying the Miranda Warning

Exceptions and Special Cases

Responses to the Miranda Warning

Repeating the Miranda Warning

Two-Part Interrogations