chapter 8- interrogations and confessions

self-incrimination clause

you can’t be forced to testify against yourself in a criminal case

miranda warning

you have the right to remain silent, anything you say or do will be used against you in the court of law. you have the right to an attorney, if you cannot afford one, the court will provide one to you

four components of the self-incrimination clause

• can’t be forced- unless you choose to testify in court, then you must answer

• any criminal case- even civil cases with punishments count

• to be a witness- protects spoken or written testimony, not physical stuff (like fingerprints. blood)

• against yourself- only you can refuse; others can testify against you

custody

miranda only applies if you’re in custody (like arrested). not all police talks count as custody

custody examples:

• traffic stop- no

• prolonged stop (too long)- yes, it’s basically an arrest

• at home or police station- yes

• voluntarily going to station- no

• juvenile in school office- yes

• probation check-in- no

• questioned for minor crime on street- yes

interrogation

miranda only applies if police are questioning you.  just being in custody isn’t enough

two types of interrogatoin

• direct questions- straight up asking

  • indirect pressure- tricks or comments meant to make you confess (like saying, “where’s the gun? kids might get hurt)

miranda vs. arizona (1966)

supreme court case that created the rule: the police must read miranda rights before questioning people in custody

waiving miranda rights

you can give up your rights, but only if you do it knowingly and voluntarily. you don’t have to say it out loud- your actions can show it

police trickery and waiver

even if police use tricks, your statement can count if you still knew your rights and gave them up willingly

fruit of the poisonous tree (exception in 5th amendment)

even if police don’t read miranda, things they find from a voluntary confession (like a weapon or drugs) can still be used in court

documenting a confession

police must keep records like:

• interview notes

• video recording

• signed statement by suspect

  • review with suspect to confirm it’s accurate

due process voluntariness rule

a confession can’t be used in court if it was forced or made under pressure

involuntary confessionn

if poice pressure make you lose the ability to resists (like threats or violence), your confession won’t count

why the rules exist

the constitution values people’s rights, so the government has limits on how it can get confessions