Criminal Law & Procedure PDF

## Criminal Law & Procedure ### Miranda Warnings - Police must give Miranda warnings: - Right to remain silent - Anything said can be used against suspect in court - Right to talk to an attorney and have one present when questioned - Cannot afford an attorney, one will be provided -...

## Criminal Law & Procedure ### Miranda Warnings - Police must give Miranda warnings: - Right to remain silent - Anything said can be used against suspect in court - Right to talk to an attorney and have one present when questioned - Cannot afford an attorney, one will be provided - Statements made in violation of a suspect's Miranda rights are subject to the Exclusionary Rule ### Custodial Interrogation - **Custody**: The person reasonably believes they are not free to leave. - **Interrogation**: Police knew or should have known they were likely to elicit an incriminating response ### Statements/Acts Protected - Only protects statements and acts that are communicative or testimonial in nature. - Crying is NOT a testimonial communication. - Miranda rights DO NOT apply to spontaneous statements. ### Public Safety Exception - A limited interrogation without Miranda warnings is allowed when police ask questions reasonably prompted by a public safety concern or safety of the officer (i.e. to secure a weapon). ### Invoking Miranda Rights - Must be clear and unambiguous. - Once invoked, police must stop any questioning and D's silence cannot be commented on at trial. ### Police Reinitiate Questioning - Suspect is re-advised of his Miranda rights - Has provided a knowing and intelligent waiver - Either: - Counsel is present - Suspect initiates the communication - 14 days have passed since the suspect was released from custody. ### Waiver of Rights - A valid waiver must be made knowingly, intelligently, and voluntarily. - D must understand: - The nature of the right being waived. - The consequence for waiving it. - Police failure to provide outside information does not invalidate a waiver unless the information was essential to D's ability to waive rights. ## Right to Counsel ### Right to Counsel (5th Amendment) - Applies when a suspect is in a custodial interrogation (Miranda Rights) - Suspect has the right to consult with an attorney and have one present during questioning ### Right to Counsel (6th Amendment) - Applies in all criminal prosecutions (except some state misdemeanor prosecutions that do not carry a risk of jail time) - Attaches when formal adversarial judicial proceedings are commenced (formal charge, preliminary hearing, indictment, arraignment) - A suspect cannot be questioned without a lawyer and anything said is inadmissible (unless a valid waiver occurs). - Offense-specific ### Waiver of Rights (6th Amendment) - Same as the waiver under the 5th Amendment ### Effective Assistance of Counsel - D has the right to effective assistance of counsel: - Includes the effective aid in preparation and trial of a criminal case. ### Ineffective Assistance of Counsel - D must show: - Counsel's performance was deficient - But for the deficiency, the result would be different. - If shown, the verdict must be reversed and D is entitled to a new trial ## Police-Arranged Identification Procedures ### Line-Ups & Police-Arranged Identification Procedures ### Due Process Clause - Violated when a line-up is: - Unnecessarily suggestive - Resulting in a substantial likelihood of misidentification. - If violated, identification is inadmissible at trial. - Absent improper police influence, an out-of-court identification is admissible.