CJ Final Exam

what’s the difference between admissions and confessions?

• admissions: incriminating statements, shy of guilt acknowledgement

• confessions: direct acknowledgement of guilt

voluntary v.s. involuntary

• voluntary: free of police coercion

• involuntary: product of police coercion (i.e., deprived of “power of resistance”)

Miranda v. Arizona established what?

• Rights to Remain silent (conscious understanding)

• 5th Amendment; Privilege Against self-incrimination

During Custody no Accusatorial Questioning (custodial interrogation)

When is the only time reinterrogation can happen? (Edwards v. Arizona)

• when counsel is present, or the Defendant Initiates [convo.] & Knowingly & Intelligently waive rights

what is judicial notice? avoidance of BPR

• admissible without submission of proof

• avoidance of Blank Pad Rule; Tacit v.s. Requested

Types of judicial notice (3)

1. Law- written in statutes, constitutional provisions, case law

2. Legislative Facts- interpretation of legal documents

3. Adjudicative Facts- general knowledge

forms of Adjudicative Facts (3)

• Indisputable; cannot be reasonably disputed (i.e., the Earth is round)

• Ascertainable; source that cannot reasonably be questioned

• Common Knowledge

requirements for Common Knowledge (3)

• (1) Generally Known

• (2) Informed Individuals

• (3) Territorial Jurisdiction

what did the case Pennsylvania v.s Muniz establish?

• Routine Booking Exception: to Ensure Safety or Identification.

7questions: Name, Address, Height, Weight, Eye Color, Date of Birth, & Age

Not Accusatorial or threatening in nature

New York v. Quarles; PSE- need for A outweighs adherence to “Prophylactic” R

Public Safety Exception:

• need for Answers [public safety related] outweighs adherence to “prophylactic” Rules (such as Miranda)

Colorado v. Connelly; established?

• Police Coercion is a necessary predicate

• Preponderance of the Evidence waiver standard

Davis v. U.S. established?

• waiver must be “unambiguous;” silence is insufficient

Rhode Island v. Innis; rule established?

• Functional Equivalence [test] - Conversation between officers is designed to Elicit Incriminating Responses from suspects.

Salinas v. Texas; rules?

• Evidence that is Inculpatory in nature. interview with accusatory questions. You don’t have to remain silent if not in custody; considered an admission of criminality— Adoptive Admission

Express Invocation

Missouri v. Seibert; Miranda Warnings; when is a 2nd Confession admissible?

• Question-First Tactic— with Deliberate Failure to give Miranda Warnings

2nd Confession admissible only if:

• Sufficient Passage of Time passes and Curative Factors; to ensure Knowingly and Intelligent waiving of rights. (ex. different officer, different environment, and different line of questioning)

Out-Of-Court identification? (3)

• lineups

• show-up

• photographic array

U.S v. Wade (Lineup rules)

• right to counsel @ critical stage

not excluded for 2:

• independent origin

• harmless error

Gilbert v. U.S. (Lineup rules)

Handwriting exemplars

• (i.e., handwriting samples can be given to witnesses to ID suspect)

Stovall v. Denno (Show-up rules)

• right to counsel @ critical stage

must not be Unduly Suggestive (5):

• size [of the lineup]

• makeup (demographic features)

• appearance (tattoos, piercings, etc.)

• police instruction

• witness collaboration

Neil v. Biggers (Show-up rules)

reliability factors (5):

• opportunity to view criminal

• degree of attention to detail

• accuracy of PRIOR description

• certainty of the victim at confrontation

• time passed between crime + confrontation

Simons v. U.S. (Photographic rule)

• No right to counsel @ critical stage

• ID set aside only if substantial likelihood of irreparable misidentification

Manson v. Brathwaite (Photographic rule)

• totality of circumstances standard; decisions based on all available information

Presumptions (2)

1. Law- rebuttable & conclusive

2. Fact- rebuttable only

Major Rebuttable Presumptions (SICK DRAG)

• Sanity

• Innocence

• Competency [includes infancy]

• Knowledge [of the law]

• Death [following lengthy unexplained absence]

• Regularity [of official acts; i.e., good faith]

• Against suicide

• Guilty kind [when processing fruits of a crime]

Berkemer v. McCarty established?

Automobile Citation Stops:

• being detained in a traffic stop does not mean you are in custody

• presumptively brief; less coercive

• can ask incriminating questions and treat you as if you are in custody even if you’re not.

Terry v. OH

• similar to “Terry stop”; comparatively general/non-threatening questions