1/13
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
5th Amendment
- Protection against self-incrimination
- Can't be charged for capital crime without jury, charged for same crime 2x, forced in criminal case to be witness against oneself
14th Amendment
- All people born/naturalized citizens of country+state
- States can't take away federal rights, property+choice+life without law, deny equal protection of law
Miranda v Arizona (1966)
- Precedence
- 2hrs interrogation+signed confession, convicted
- Issue: Need to notify of 5th amendment rights?
- Holding: Yes, 5th not just for criminal; "Functional equivalent" of interrogation
Arizona v Mauro (1987)
- Prosecution
- Tape Recorder on during conversation w wife
Rhode Island v Innis (1980)
- Prosecution
- Overheard conversation, School kids, and missing shotgun
- Nothing said "reasonably likely to elicit incriminating response", private conversation
Illinois v Perkins (1990)
- Prosecution
- Undercover officer
Edwards v Arizona (1981)
- Defense
- Double interrogation after reinforming of rights (not waived)
Haynes v Washington (1963)
- Defense
- 20+hr interrogation and coercion (wife+attorney visitation)
Stansbury v California (1984)
- Defense/prosecution
- Witness->Suspect, "officer belief only important if affects how reasonable person being questioned"
Ohio v Reiner (2001)
- Defense
- Babysitter, Miranda still applicable after innocence declared
Brown v Horell (2011)
- Defense
- Coercion about girlfriend and baby
- Unlawful coercion
US v Kimbrough (4th C, 2007)
- Prosecution
- Cocaine+ mother, Voluntary statement made in front of officers during conversation with mother
- No tactics used, couldn't have been realsonably "expected to know that conversation leads to relevant info
- Officers present due to "concerns of evidence destruction"
State v Finehout (Az Supreme, 1983)
- Defense
- Signed waiver of Miranda rights, took back permission
- Coercion by officer -> confession
People v Musselwhite (Cal Supreme, 1998)
- Prosecution
- 3 point lie (not suspect, leniency, fingerprints)
- Deception only one aspect when considering "totality of circumstances"
- Waiver valid
- "Polic lies can affect voluntariness of confession, but not sufficient to make it involuntary"