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Questions and Answers

What must a defendant do to invoke the 5th Amendment rights if they are not in custody?

  • Invoke the right at the trial only
  • Wait until they are formally arrested
  • Remain silent without any action
  • Explicitly state their desire to remain silent (correct)
  • In Maryland v. Shatzer, what is the significance of a 14-day custodial break?

  • It invalidates all previous statements made by the defendant
  • It terminates all legal representation for the defendant
  • It allows for complete eradication of memory during interrogation
  • It provides time for the defendant to regain a normal life (correct)
  • What can be concluded from the ruling in Montejo v. Louisiana?

  • Counsel presence is required at all times during police questioning
  • Police can issue a waiver without informing the counsel
  • A waiver of rights can occur even when the right to counsel is active (correct)
  • A defendant may never waive their right to counsel
  • In the case of New York v. Quarles, what condition allows an exception to Miranda requirements?

    <p>When there is a public safety concern</p> Signup and view all the answers

    What was the outcome in US v. Patane regarding physical evidence obtained without full Miranda warning?

    <p>Only coerced statements invalidate evidence</p> Signup and view all the answers

    What is a key requirement for a defendant's waiver of Miranda rights?

    <p>It must be knowing and voluntary</p> Signup and view all the answers

    What happens if a witness fails to invoke the 5th Amendment privilege?

    <p>It is acceptable if the failure is due to coercion</p> Signup and view all the answers

    In which situation can a defendant be questioned after invoking the right to counsel?

    <p>More than 14 days have passed since invoking the right</p> Signup and view all the answers

    What was determined regarding Siebert's initial confession?

    <p>It was inadmissible due to lack of a Miranda waiver.</p> Signup and view all the answers

    In the case of Moran v. Burbine, what was concluded about the suspect's Miranda waiver?

    <p>The waiver was valid despite the attorney's involvement.</p> Signup and view all the answers

    What does the Chavez v. Martinez case indicate about coercive interrogation?

    <p>Coercive interrogation can violate the 14th Amendment.</p> Signup and view all the answers

    What significant ruling came from Dickerson v. United States regarding Miranda rights?

    <p>Miranda is a constitutional rule that cannot be overridden by Congress.</p> Signup and view all the answers

    What eventuality might occur if a suspect confesses under coercive circumstances according to Chavez v. Martinez?

    <p>The confession itself may never lead to criminal charges.</p> Signup and view all the answers

    Why was the confession from Tekoh ultimately considered problematic?

    <p>Tekoh did not receive his Miranda rights before questioning.</p> Signup and view all the answers

    What can be inferred about Siebert's second confession?

    <p>It was automatically invalidated due to the first.</p> Signup and view all the answers

    What misconception about the Miranda rights is clarified in the content?

    <p>A confession without rights can be admissible if not used in trial.</p> Signup and view all the answers

    What is a key factor in determining if a minor is in custody under Miranda?

    <p>The age of the minor</p> Signup and view all the answers

    In Howes v. Fields, why was the prisoner's confession deemed not to be the result of custodial interrogation?

    <p>The prisoner was free to return to his cell.</p> Signup and view all the answers

    Which of the following statements about Rhode Island v. Innis is accurate?

    <p>The confession was a result of police dialogue that should have led to an incriminating response.</p> Signup and view all the answers

    What principle regarding Miranda rights did Illinois v. Perkins establish?

    <p>Undercover officers can question suspects without miranda warnings.</p> Signup and view all the answers

    What is necessary to effectively invoke the right to remain silent according to Berghuis v. Thompkins?

    <p>An explicit and clear statement of intent.</p> Signup and view all the answers

    What was the outcome of Salinas v. Texas regarding the invocation of rights?

    <p>Silence does not invoke the right to remain silent.</p> Signup and view all the answers

    What must be shown to establish that police actions elicited a confession, as discussed in Rhode Island v. Innis?

    <p>That police words or actions were likely to elicit a confession.</p> Signup and view all the answers

    Why is the age of a minor important in the context of Miranda rights, as indicated in North Carolina's case?

    <p>It affects how a reasonable person perceives their freedom to leave.</p> Signup and view all the answers

    Study Notes

    Nature of Due Process

    • Duncan v. Louisiana: A defendant has a right to a jury trial in state court proceedings for misdemeanors, under the 14th Amendment (Due Process) and 6th Amendment (right to a fair trial)
    • District Attorney v. Osborne: Defendants do not have a constitutional right to post-conviction DNA testing in federal court; it is determined by individual states.

    Right to Appointed Counsel

    • Betts v. Brady: Indigent defendants do not have a right to appointed counsel in state criminal cases unless "special circumstances" exist, such as illiteracy.
    • Gideon v. Wainwright: Indigent defendants have a right to counsel in state criminal cases. This overruled the Betts v. Brady "special circumstances" rule.
    • Alabama v. Shelton: A defendant cannot be sentenced to a term of imprisonment without being provided counsel, even if the sentence is suspended.

    Police Interrogations

    • Brown v. Mississippi: Coerced confessions are inadmissible.

    • Ashcraft v. Tennessee: Confessions obtained after 36 hours of intense interrogation are inadmissible under due process clause.

    • Spano v. New York: Confessions obtained through extended interrogation and psychological coercion are inadmissible at trial.

    • Escobedo v. Illinois: When a suspect is in custody, and the investigation has focused exclusively on him or her, they have a right to counsel.

    • Miranda v. Arizona: Statements made during custodial interrogations are inadmissible in court unless the person was informed of their Miranda rights (the right to remain silent, the right to an attorney, etc.).

    • Missouri v. Seibert: Police questioning that proceeds confession taking before the Miranda warning violates due process.

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