Admissions and Confessions in Criminal Procedure

These flashcards cover key concepts related to admissions, confessions, and the associated legal principles in criminal procedure.

What is the significance of a defendant's confession in a criminal case?

It is likely the most probative and damaging evidence against the defendant.

What is the Corpus Delecti rule regarding confessions?

A voluntary confession alone cannot establish guilt and must be supported by other evidence.

How does an admission differ from a confession?

An admission is a partial acknowledgment of criminal involvement, while a confession is a complete acknowledgment.

What rights does the Fifth Amendment provide to individuals in custody?

Individuals have the right to remain silent and the right to counsel during interrogations.

What does the Miranda decision establish regarding custodial interrogation?

That law enforcement must inform suspects of their rights before interrogation.

What are Miranda Warnings?

The rights provided to a suspect, including the right to remain silent and the right to legal counsel.

When is Miranda not required?

During routine traffic stops, as they are not considered custodial interrogations.

What constitutes an 'interrogation' according to the notes?

Express questioning or any police actions likely to elicit incriminating responses.

What must happen if a suspect invokes their right to remain silent?

Police must stop all questioning.

Under what circumstances can police reinitiate questioning after a suspect invokes their rights?

After a reasonable period, provided they respect the individual's rights.

What is the 'Totality of the circumstances' standard?

It is a test to assess whether a statement made by a suspect was voluntary.

What happens if law enforcement fails to record an interrogation?

Testimony about the circumstances and content may be allowed, but the jury will be notified of the failure to record.

What is the Exclusionary Rule?

Confessions obtained in violation of constitutional rights may be excluded from evidence.

What is the Public Safety Exception regarding questioning?

Evidence obtained through spontaneous questioning aimed at protecting public safety may be admissible despite the lack of Miranda warnings.