Crim Pro 3

Right against Self-Incrimination

Convictions based soley on confessions obtained through violence illegal

secret incommunicado detentions & interrogations designed to exert confession violating due process

D's vunerabilities among the "totality of the circumstances" to be considered.

Federal courts may exclude evidence when "unneccessarily delay" bringing D before Magistrate.

• D entiteld to counsel as much at pretrial as in trial itself:
• Indicted
• Retained counsel
• Released on bail
• Co-D as informant

Right to counsel attaches at critical stages after adversarial process begins. Not at arrest

Doctrine that applies the 5 and 6th Amendments.

Purpose to uphold/apply self-incrimination to state proceedings

Atty consultation & Protect from self-incrimination

Depends on objective circumstances, reasonable person test. (Not officer or suspects subjectiveness)

Persons home is not custody under Miranda

roadside stop where officer communicates no intent to arrrest is not custody

Any statment made designed to illicit a response

Public Safety

• Routine booking questions
• (Muniz)

no talismanic incantation. (can paraphrase)

• Free and deliberate choice of D (no intimidatiion, coercion, deception)
• D fully knows rights being abandoned and consequences

Suspects awareness of subject of questioning is not relevant to determine if waiver is Knowingly-Voluntary-Intelligent

D must unambigously request counsel

Valid subsequent waiver ok when initial invocation (RRS) was "scrupulously honored."

Once D invokes, police should stop questioning immediately.

D must initiate contact w/ police to waive 6th Am. after invoking.

Bright-Line rule: No re-interrogations after invocation of counsel, even if for a different crime.

6th Am prohibits police from deliberately eliciting incriminating info absent counsel after D has been formally charged. (Christian Burial Speech)

D has to show gov't took action to deliberately elicit incriminating remarks beyond merely listening

• Indictment
• Information
• Formal Charge
• Arraignment
• Preliminary hearing

• Statements mde by D suffering pain in hospital = involuntary and inadmissable
• -Mentally ill spontaneous confession admissable absent coercion predicate
• -Promise of protection in prision amounts to coercion
• (AZ v. Fulminante)