62 Questions
According to the Fifth Amendment to the Federal Constitution, what does the privilege against self-incrimination guarantee?
The right to remain silent during a criminal case
How was the privilege against self-incrimination made applicable to the states?
Through the Fourteenth Amendment
According to the Texas Court of Criminal Appeals, does the Texas Constitution provide broader protection than the Fifth Amendment?
No, because of differences in language
What did the Dickerson Court declare about Miranda?
Miranda is a constitutional decision that cannot be overruled by Congress
What is the formula for when Miranda warnings should be given?
Custody + interrogation = Miranda warnings
What must be done with every electronic recording of a statement made by an accused during a custodial interrogation?
It must be preserved until all direct appeals are exhausted
Under what circumstances is an accused's statement admissible even if it does not meet the requirements outlined in the Texas Criminal and Traffic Procedure Manual?
If the statement contains assertions of true facts or circumstances
According to Miranda v. Arizona, the privilege against self-incrimination is described as the 'essential mainstay of our adversary system' because it
protects the dignity and integrity of citizens
What is the definition of 'custodial interrogation' according to Miranda v. Arizona?
Questioning by law enforcement officers after a person is taken into custody
What are the necessary procedural safeguards required prior to custodial interrogation according to Miranda v. Arizona?
Warning the person about their right to remain silent and the right to an attorney
What happens if the prosecution fails to establish adherence to Miranda's procedural safeguards?
Any and all statements obtained from the accused in custodial interrogation are inadmissible at trial
According to Art. 38.22 of the Texas Code of Criminal Procedure, what must be shown on the face of a written statement made by an accused as a result of custodial interrogation in order for it to be admissible as evidence against him in any criminal proceeding?
The accused waived his rights to remain silent and have a lawyer present
What are some of the preliminary issues that need to be addressed before exploring the different paths an interview or questioning session may travel?
The suspect's rights to remain silent and have a lawyer present
Which of the following statements is admissible against an accused in a criminal proceeding in Texas?
An oral statement made during custodial interrogation in compliance with Article 2.32(b)
What types of statements may be admissible against an accused in a criminal proceeding in Texas?
All of the above
According to Article 38.22, which of the following statements is true about confessions related to serious offenses in Texas?
They must be written down or recorded.
Under Section 5 of Article 38.22, which of the following statements is NOT permitted as a verbal admission?
A confession made after a proper Miranda warning.
According to Section 3(c) of Article 38.22, what does the waiver of the recording or writing requirement allow for?
Admission of a verbal statement that leads to corroborating evidence.
How does Texas law compare to federal law in terms of Fifth and Sixth Amendment procedure?
Texas law is more restrictive than federal law.
According to Art. 2.32, when must a law enforcement agency make an electronic recording of a custodial interrogation?
Unless good cause exists that makes electronic recording infeasible
What is the definition of 'place of detention' according to Art. 2.32?
A police station or other building that is a place of operation for a law enforcement agency
What offenses listed in Subsection (b) of Art. 2.32 require an electronic recording of custodial interrogations?
All offenses listed in the Penal Code
Which of the following statements accurately describes the role of valid confessions in the law enforcement scheme?
Valid confessions are essential for society's interest in finding and convicting law violators.
According to the Texas Criminal and Traffic Procedural Manual, why are admissions or confessions made by the defendant considered highly probative and damaging evidence?
Because the defendant's confession is the most knowledgeable and unimpeachable source of information about their past conduct.
What did the Court observe in McNeil v. Wisconsin about the importance of admissions of guilt resulting from valid Miranda waivers?
Admissions of guilt resulting from valid Miranda waivers are more than merely desirable, they are essential for society's compelling interest in finding, convicting, and punishing law violators.
According to J.D.B. v. North Carolina, when should a juvenile suspect's age be taken into account in the Miranda custody analysis?
Always, regardless of whether the child's age was known or apparent to the officer
What is the ultimate inquiry in determining Miranda custody?
Whether the suspect felt at liberty to terminate the interrogation and leave
According to Miranda v. Arizona, when are pre-interrogation warnings required?
Only in custodial interrogations
How does the Court define 'custodial interrogation' according to Miranda v. Arizona?
Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom of action in any significant way
How is custody determined according to recent decisions of the Court?
Based on the totality of the circumstances of the interrogation
What did Miranda suggest 'interrogation' referred to?
Actual questioning initiated by law enforcement officers
What is the first question to ask in determining whether an interrogation has taken place?
What stage of the criminal proceedings is the officer-defendant interaction occurring
What are the two time periods to be concerned with in determining the stage of the officer-defendant interaction?
Prior to the initiation of formal criminal charges and after the initiation of formal charges
Which of the following is considered a 'critical stage' in the prosecution of a criminal case?
An in-person lineup
When does the defendant's Sixth Amendment right to counsel attach under Texas law?
At the moment of formal criminal charges
In what setting do law enforcement procedures occur prior to the initiation of formal charges?
Fifth-Amendment setting
What is the focus when defining 'interrogation' in a Fifth-Amendment setting?
The perceptions of the suspect
Which of the following is a constitutional prerequisite for the admissibility of a suspect's statement in response to custodial interrogation?
All of the above
According to Miranda v. Arizona, what is the purpose of the Miranda rights?
To ensure that suspects are aware of their rights
What is the relationship between the Miranda warnings and the right against self-incrimination?
The Miranda warnings are measures to protect the right against self-incrimination
What happens if a law enforcement officer continues to question a suspect after the suspect invokes their right to remain silent?
The officer must immediately stop questioning the suspect
What did the court rule in Sterling v. State?
A failure to cut off questioning after a suspect invokes their right to remain silent violates their rights
According to the Court in Miranda v. Arizona, what does the right to remain silent command once it is invoked?
All questioning must cease
What did the Court in Michigan v. Mosley conclude about the resumption of questioning after the right to remain silent is invoked?
The resumption of questioning depends on whether the suspect's right to cut off questioning was scrupulously honored
What did the Court in Wainwright v. Greenfield rule about the statement taken after the right to counsel is invoked?
It is a violation of the constitutional right itself
According to Edwards v. Arizona, what happens when an in-custody suspect requests counsel?
All questioning must stop.
What is the purpose of the right to counsel in the Fifth-Amendment setting?
To protect an accused from self-incrimination.
When can the police reinitiate questioning after a suspect invokes their right to counsel?
If the accused initiates further communication with the police.
Which of the following statements accurately describes the admissibility of statements made by the accused after a previous assertion of the right to counsel?
Any statements made by the accused will be admissible at trial if the accused had an opportunity to confer with an attorney.
Under what circumstances would the police be allowed to reinitiate questioning without an attorney present?
If the accused himself initiated further communication about the investigation.
When can statements made by the accused during custodial interrogation be admissible in a criminal proceeding in Texas?
When the accused has been provided with Miranda warnings.
Which of the following is a requirement for a criminal defendant's waiver of rights to be valid?
The defendant must make the waiver voluntarily, knowingly, and intelligently
What is the purpose of a 'Jackson-Denno' hearing?
To hold a hearing on the admissibility of a statement outside the presence of the jury
Under both the United States and Texas Constitutions, what burden of proof must the prosecution meet to prove waiver of rights?
Preponderance of the evidence
Which factor is NOT considered in determining the admissibility of a suspect's statement in court?
The suspect's previous encounters with the law
Which of the following is NOT a consideration when determining the admissibility of a suspect's statement in court?
The method in which the suspect was advised of their rights
What is one factor to consider when determining the admissibility of a suspect's statement in court?
The suspect's education
Which Supreme Court case held that a confession made during illegal detention is inadmissible?
Mallory v. United States
What is the purpose of the McNabb-Mallory rule?
To enforce prompt arraignment
When determining the voluntariness of a confession, what factors should be considered?
The characteristics of the accused and the details of the interrogation
What is the purpose of a prompt probable cause hearing?
To prevent unlawful detention
When can incriminatory statements made during a lawful detention be properly admitted?
When the detention is based on a clear showing of probable cause
Study Notes
Privilege Against Self-Incrimination
- The privilege against self-incrimination guarantees that an individual cannot be compelled to be a witness against themselves in a criminal case.
- The privilege was made applicable to the states through the Fourteenth Amendment.
- The Texas Constitution provides broader protection than the Fifth Amendment.
Miranda Warnings
- The formula for when Miranda warnings should be given is when a person is subjected to custodial interrogation.
- The warnings must inform the individual of their right to remain silent and their right to an attorney.
- If an individual invokes their right to remain silent, questioning must cease.
- If an individual invokes their right to an attorney, questioning cannot resume until an attorney is present.
Custodial Interrogation
- Custodial interrogation is defined as questioning initiated by law enforcement after a person has been taken into custody.
- The necessary procedural safeguards required prior to custodial interrogation include the reading of Miranda warnings and the obtaining of a valid waiver.
- If the prosecution fails to establish adherence to Miranda's procedural safeguards, the statement may be excluded as evidence.
Admissibility of Statements
- Statements made during custodial interrogation are admissible in a criminal proceeding if the Miranda warnings were given and a valid waiver was obtained.
- Statements made by an accused are admissible against them in a criminal proceeding if they were made voluntarily and without coercion.
- Confessions related to serious offenses in Texas require a written statement and an electronic recording of the custodial interrogation.
Texas Law
- Texas law requires an electronic recording of custodial interrogations for certain offenses, including capital felonies and felonies punishable by life imprisonment.
- The definition of "place of detention" includes any location where a person is in custody and is not free to leave.
- The Texas Criminal and Traffic Procedure Manual states that admissions or confessions made by the defendant are considered highly probative and damaging evidence.
Fifth and Sixth Amendment Procedure
- The Fifth Amendment protects against self-incrimination and the Sixth Amendment guarantees the right to counsel.
- The Fifth Amendment right to counsel attaches during custodial interrogation, while the Sixth Amendment right to counsel attaches after the initiation of formal charges.
- Law enforcement procedures occur prior to the initiation of formal charges in the pre-arrest or investigation stage.
Interrogation
- The definition of "interrogation" in a Fifth-Amendment setting includes any words or actions that the police should know are reasonably likely to elicit an incriminating response.
- The focus when defining "interrogation" is on the perspective of the suspect.
- The two time periods to be concerned with in determining the stage of the officer-defendant interaction are the pre-arrest stage and the post-arrest stage.
Constitutional Prerequisites
- The constitutional prerequisites for the admissibility of a suspect's statement in response to custodial interrogation include the reading of Miranda warnings and the obtaining of a valid waiver.
- The purpose of the Miranda warnings is to inform the individual of their right to remain silent and their right to an attorney.
- The relationship between the Miranda warnings and the right against self-incrimination is that the warnings are a procedural safeguard to ensure that the individual is aware of their right to remain silent.
Waiver of Rights
- A valid waiver of rights requires that the individual knowingly, intelligently, and voluntarily waive their right to remain silent and their right to an attorney.
- The purpose of a "Jackson-Denno" hearing is to determine the admissibility of a suspect's statement.
- Under both the United States and Texas Constitutions, the prosecution must meet the burden of proof of proving waiver of rights by a preponderance of the evidence.
Admissibility of Statements
- Statements made by an accused during custodial interrogation are admissible in a criminal proceeding if the Miranda warnings were given and a valid waiver was obtained.
- The factors to consider when determining the admissibility of a suspect's statement include the voluntariness of the statement, the presence of coercion, and the compliance with Miranda's procedural safeguards.
- The purpose of a prompt probable cause hearing is to determine whether there is sufficient evidence to support the arrest.
- The McNabb-Mallory rule is used to determine the admissibility of a confession made during illegal detention.
Quiz: Understanding the Miranda Court's stance on interrogation procedures Test your knowledge on the Miranda Court's position regarding the inherent compulsions of the interrogation process. Explore the Court's ruling and its acknowledgment of alternative procedures that are equally effective in informing accused persons of their rights.
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