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Admissions,_confessions_and_Miranda

  1. Voluntariness
    All confessions and admissions must be given by the suspect voluntarily
  2. Purpose of miranda warning
    Establishes a standard procedure for telling suspect of their rights
  3. What amnd is protected by miranda
    5th-self incrimination
  4. Miranda also includes what amnd
    6th-right to counsel
  5. Reason 6th amnd is included
    It helps protect aginst self incrimination
  6. When is miranda required
    Custody, interogation
  7. Miranda applies to what type of evidence
    Testimonial
  8. When is it not necessary to give the miranda warning
    If it is not custody and interogation then it might prevent someone from talking
  9. Miranda warning only applies
    Known officers of law enforcement
  10. 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
  11. Reasonable belief
    What areasonable innocent person would believe under the circumstances
  12. 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
  13. What is interrogation
    Asking guilt seeking questions
  14. Is booking questions considered interogation
    No
  15. Are questions asked for public safety or questions blurted out need miranda
    No
  16. 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
  17. T/F volentary statements do not require miranda
    True as long as the officer is not asking questions
  18. Who must prove the miranda warning was given
    The prosecution anf therefore the officer
  19. 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
  20. 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
  21. Verbal agreement to waive his rights is sufficent but what is better
    Written waivers
  22. 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
  23. Should patrol officers give juveniles the miranda warning
    A juvenile officer should give this warning
  24. Inteligence of the suspect in regards to miranda
    Special care should be given to insure their understanding
  25. Suspect under the influense-effect on miranda
    Under the influence does not preclude the waiver of miranda
  26. Suspect is attorney does he still need miranda
    Yes
  27. Suspect has arrest record does he still need miranda
    Yes
  28. Suspect has attorney present does he still need miranda
    Ask the attorney if he would like you to inform the suspect of their rights
  29. Miranda-suspect cannot understand
    Ask what they don't understand and repeat in simplified manner
  30. Miranda-suspect agrees to make a statement
    Begin interogation
  31. Miranda-suspect dose not wish to talk
    Stop interogation session
  32. Miranda-states he wants attorney
    End the interogation
  33. Miranda-suspect wishes to talk but won't sign the waiver
    Signed waiver not necessary notate that on form witness or recording necessary
  34. Miranda-suspect does not respond
    No response waives rights (new)
  35. Miranda-suspect starts giving statement immediately after the warning
    It is assumed that they understand
  36. Miranda-suspects answer is unclear
    Stop until you are clear of their intent
  37. Miranda-suspect refuses to give you a statement but other office wishes to question him about another crime
    Another officer can ask questions
  38. Miranda-suspect changes mind and decides to talk
    Document the change on waiver
  39. Miranda- suspect wishes to waive his rights after an initial refusal to talk or request fo attorney
    Document change of mind
  40. 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
  41. Miranda-when should it be repeated
    • Significant passage of time
    • Change of personnel
    • Change of location
    • Indication of non-understanding or change of mind
  42. What happens to testimony given without miranda
    Connot be used in court but proper miranda allows future statements in court
  43. Fith amendment remains in effect util...
    Person is released from custody during which they were invoked
  44. Miranda mentions right to an attorney when does this go into effect
    At the arraignment
  45. Even though a defendant has been formally charged can he still waive his right to counsel
    Yes
  46. T/F Any restrictions to interrogation apply only to the crime he is charged with
    True
Author
Hanz
ID
32006
Card Set
Admissions,_confessions_and_Miranda
Description
MSTA
Updated

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