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Admissions,_confessions_and_Miranda
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Voluntariness
All confessions and admissions must be given by the suspect voluntarily
Purpose of miranda warning
Establishes a standard procedure for telling suspect of their rights
What amnd is protected by miranda
5th-self incrimination
Miranda also includes what amnd
6th-right to counsel
Reason 6th amnd is included
It helps protect aginst self incrimination
When is miranda required
Custody, interogation
Miranda applies to what type of evidence
Testimonial
When is it not necessary to give the miranda warning
If it is not custody and interogation then it might prevent someone from talking
Miranda warning only applies
Known officers of law enforcement
Custody
Person under interigation reasonably believes that they are not free to leave
Would a reasonable person believe that they could refuse to awnser questions
Reasonable belief
What areasonable innocent person would believe under the circumstances
What issues affect a suspect's reasonable belief that they are allowed to leave
Use of force
Show of authority
Custody status
Length of time held
What is interrogation
Asking guilt seeking questions
Is booking questions considered interogation
No
Are questions asked for public safety or questions blurted out need miranda
No
T/F Any statement or action taken by the officer with a clear intent to encourage the making of an incriminating statement is considered interogation
True
False
True
T/F volentary statements do not require miranda
True
False
True as long as the officer is not asking questions
Who must prove the miranda warning was given
The prosecution anf therefore the officer
What is in a court accepted miranda warning
You have the right to remain silent
Anything you say can and will be used against you in a court of law
You have a right to talk to a lawyer and have him present with you while you are being questioned
If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish
*you can decide at any time to exercise these rights and not answer any questions or make any statement
2things that a suspect must agree to before interogation can begin
Suspect must agree that he understands his rights
Suspect must agree to waive his rights
Verbal agreement to waive his rights is sufficent but what is better
Written waivers
There are several factors that may affect the validity of the statement of understanding
Youth of the suspect
Inexperience of the officer
Apperent inteligence of the suspect
Suspect under the influence
Suspect is an attorney
Suspect has prior arrests
Suspect has attorney present
Should patrol officers give juveniles the miranda warning
A juvenile officer should give this warning
Inteligence of the suspect in regards to miranda
Special care should be given to insure their understanding
Suspect under the influense-effect on miranda
Under the influence does not preclude the waiver of miranda
Suspect is attorney does he still need miranda
Yes
Suspect has arrest record does he still need miranda
Yes
Suspect has attorney present does he still need miranda
Ask the attorney if he would like you to inform the suspect of their rights
Miranda-suspect cannot understand
Ask what they don't understand and repeat in simplified manner
Miranda-suspect agrees to make a statement
Begin interogation
Miranda-suspect dose not wish to talk
Stop interogation session
Miranda-states he wants attorney
End the interogation
Miranda-suspect wishes to talk but won't sign the waiver
Signed waiver not necessary notate that on form witness or recording necessary
Miranda-suspect does not respond
No response waives rights (new)
Miranda-suspect starts giving statement immediately after the warning
It is assumed that they understand
Miranda-suspects answer is unclear
Stop until you are clear of their intent
Miranda-suspect refuses to give you a statement but other office wishes to question him about another crime
Another officer can ask questions
Miranda-suspect changes mind and decides to talk
Document the change on waiver
Miranda- suspect wishes to waive his rights after an initial refusal to talk or request fo attorney
Document change of mind
Miranda-suspect makes ambiguous request to stop answering questions or to have an attorney present during questioning
Interogation continues until an unambigious request is made
Miranda-when should it be repeated
Significant passage of time
Change of personnel
Change of location
Indication of non-understanding or change of mind
What happens to testimony given without miranda
Connot be used in court but proper miranda allows future statements in court
Fith amendment remains in effect util...
Person is released from custody during which they were invoked
Miranda mentions right to an attorney when does this go into effect
At the arraignment
Even though a defendant has been formally charged can he still waive his right to counsel
Yes
T/F Any restrictions to interrogation apply only to the crime he is charged with
True
False
True
Author
Hanz
ID
32006
Card Set
Admissions,_confessions_and_Miranda
Description
MSTA
Updated
2010-08-31T18:27:48Z
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