Crim Pro 3

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  1. Fifth Amendment
    Right against Self-Incrimination
  2. Confessions
    (Brown v. Missippi)
    Convictions based soley on confessions obtained through violence illegal
  3. Interrogations
    (Haynes v. Washington)
    secret incommunicado detentions & interrogations designed to exert confession violating due process
  4. Totality of Circumstances
    (Spano v. NY)
    D's vunerabilities among the "totality of the circumstances" to be considered.
  5. Unneccessary Delay
    McNabb - Mallory Rule
    Federal courts may exclude evidence when "unneccessarily delay" bringing D before Magistrate.
  6. Counsel at Pretrial
    (Massiah v. United States)
    • D entiteld to counsel as much at pretrial as in trial itself:
    • Indicted
    • Retained counsel
    • Released on bail
    • Co-D as informant
  7. Sixth Amendment attaches . . .
    (Kirby v. Illinois)
    Right to counsel attaches at critical stages after adversarial process begins. Not at arrest
  8. Miranda Warnings
    (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
  9. What is custody?
    (Stansbury v. California)
    Depends on objective circumstances, reasonable person test. (Not officer or suspects subjectiveness)
  10. Beckwith v. US (1976)
    Persons home is not custody under Miranda
  11. Berkemer v. McCarty
    roadside stop where officer communicates no intent to arrrest is not custody
  12. Interrogation
    Any statment made designed to illicit a response
  13. Interrogation warning execptions
    (NY v. Quarles)
    Public Safety

    • Routine booking questions
    • (Muniz)
  14. Adequacy of Warnings
    (CA v. Prysock)
    no talismanic incantation. (can paraphrase)
  15. Waiver
    (totality of circumstances)
    • Free and deliberate choice of D (no intimidatiion, coercion, deception)
    • D fully knows rights being abandoned and consequences
  16. Awareness of questiong subject
    (Colorado v. Spring)
    Suspects awareness of subject of questioning is not relevant to determine if waiver is Knowingly-Voluntary-Intelligent
  17. When does a D invoke?
    (Davis v. US)
    D must unambigously request counsel
  18. Invocation of Right to Remain Silent
    (Michigan v. Mosley)
    Valid subsequent waiver ok when initial invocation (RRS) was "scrupulously honored."
  19. Invocation of Right to Counsel
    (Smith v. Illinois)
    Once D invokes, police should stop questioning immediately.
  20. Waiver of Right to Counsel invocation
    (Edwards v. Arizona)
    D must initiate contact w/ police to waive 6th Am. after invoking.
  21. Re-interrogations After invoking (RTC)
    (Arizona v. Roberson)
    Bright-Line rule: No re-interrogations after invocation of counsel, even if for a different crime.
  22. 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)
  23. Soliciting response
    (Kuhlmann v. Wilson)
    D has to show gov't took action to deliberately elicit incriminating remarks beyond merely listening
  24. Adversarial Proceedings
    (Sixth Amendment IIFAP)
    • Indictment
    • Information
    • Formal Charge
    • Arraignment
    • Preliminary hearing
  25. 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)
Card Set:
Crim Pro 3
2011-07-19 19:31:36
Criminal Procedure Fifth Amendment

Fifth Amendment Miranda
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