Crim Pro 3
Card Set Information
Crim Pro 3
Criminal Procedure Fifth Amendment
Fifth Amendment Miranda
Right against Self-Incrimination
(Brown v. Missippi)
Convictions based soley on confessions obtained through violence illegal
(Haynes v. Washington)
secret incommunicado detentions & interrogations designed to exert confession violating due process
Totality of Circumstances
(Spano v. NY)
D's vunerabilities among the "totality of the circumstances" to be considered.
McNabb - Mallory Rule
Federal courts may exclude evidence when "unneccessarily delay" bringing D before Magistrate.
Counsel at Pretrial
(Massiah v. United States)
D entiteld to counsel as much at pretrial as in trial itself:
Released on bail
Co-D as informant
Sixth Amendment attaches . . .
(Kirby v. Illinois)
Right to counsel attaches at critical stages after adversarial process begins. Not at arrest
(Miranda v. Arizona)
Doctrine that applies the 5 and 6th Amendments.
Purpose to uphold/apply self-incrimination to state proceedings
Atty consultation & Protect from self-incrimination
What is custody?
(Stansbury v. California)
Depends on objective circumstances, reasonable person test. (Not officer or suspects subjectiveness)
Beckwith v. US (1976)
Persons home is not custody under Miranda
Berkemer v. McCarty
roadside stop where officer communicates no intent to arrrest is not custody
Any statment made designed to illicit a response
Interrogation warning execptions
(NY v. Quarles)
Routine booking questions
Adequacy of Warnings
(CA v. Prysock)
no talismanic incantation. (can paraphrase)
(totality of circumstances)
Free and deliberate choice of D (no intimidatiion, coercion, deception)
D fully knows rights being abandoned and consequences
Awareness of questiong subject
(Colorado v. Spring)
Suspects awareness of subject of questioning is not relevant to determine if waiver is Knowingly-Voluntary-Intelligent
When does a D invoke?
(Davis v. US)
D must unambigously request counsel
Invocation of Right to Remain Silent
(Michigan v. Mosley)
Valid subsequent waiver ok when initial invocation (RRS) was "scrupulously honored."
Invocation of Right to Counsel
(Smith v. Illinois)
Once D invokes, police should stop questioning immediately.
Waiver of Right to Counsel invocation
(Edwards v. Arizona)
D must initiate contact w/ police to waive 6th Am. after invoking.
Re-interrogations After invoking (RTC)
(Arizona v. Roberson)
No re-interrogations after invocation of counsel, even if for a different crime.
Police Questioning and 6th Amendment
(Brewer v. Williams)
6th Am prohibits police from deliberately eliciting incriminating info absent counsel after D has been formally charged. (Christian Burial Speech)
(Kuhlmann v. Wilson)
D has to show gov't took action to deliberately elicit incriminating remarks beyond merely listening
(Sixth Amendment IIFAP)
Due Process (6th Am)
(Mincey v. AZ)
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)