04 Confessions

For a self-incriminating statement to be admissible under the Due Process Clause, it must be […], as determined by the totality of the circumstances.

voluntary

A statement will be involuntary for Due Process purposes only if there is some […].

official compulsion

T/F: A confession is involuntary under the 14th Amendment merely because it is a product of mental illness.

F

If an involuntary confession under the 14th Amendment is admitted into evidence, the […] test applies.

harmless error

The Sixth Amendment right to counsel applies to all critical stages of a prosecution after […] have begun.

judicial proceedings

The Sixth Amendment prohibits police from [..1..] an incriminating statement from a defendant after being charged and without counsel, unless waived.

deliberately eliciting

A defendant has a Sixth Amendment right to counsel at a post-indictment [..1..] but not at a pre-charge [..2..].

interrogation, lineup

The Sixth Amendment right to counsel applies at preliminary hearings to determine [..1..] to prosecute, but not at preliminary hearings to determine [..2..] to detain.

probable cause, probable cause

T/F: The Sixth Amendment right to counsel applies to blood sampling and taking of handwriting exemplars.

F

The Sixth Amendment right to counsel is […], meaning a defendant can be questioned on unrelated, uncharged offenses.

offense specific

For two offenses to be considered different under the Sixth Amendment offense-specific rule, each must require proof of an additional […] that the other does not.

element

A waiver of the Sixth Amendment right to counsel must be [..1..] and [..2..].

knowing, voluntary

Deprivation of counsel at a non-trial proceeding in violation of the Sixth Amendment is subject to the […] rule.

harmless error

If a defendant was entitled to a lawyer at trial under the Sixth Amendment, failure to provide counsel results in […].

automatic reversal

Erroneous disqualification of privately retained counsel at trial results in […].

automatic reversal

A statement obtained in violation of the Sixth Amendment right to counsel may be used to […] the defendant's contrary trial testimony.

impeach

The Sixth Amendment right to counsel attaches at an [..1..] but not at [..2..] identifications.

arraignment, photo

Miranda warnings are required when a suspect is in [..1..] and subjected to [..2..].

custody, interrogation

Miranda warnings must inform a suspect of their right to remain silent, that anything said can be used against them in court, the right to the presence of an [..1..], and if indigent, the right to an [..2..] attorney.

attorney, appointed

T/F: Miranda warnings must be given verbatim as stated in the Miranda decision to be valid.

F

Miranda warnings are necessary only if the detainee knows they are being interrogated by a […].

government agent

Miranda does not apply when a detainee is interrogated by an informant whom the defendant does not know is working for the […].

police

Custody for Miranda purposes means a reasonable person would not feel free to [..1..] and the environment presented inherently [..2..] pressures.

leave, coercive

Interrogation for Miranda purposes includes any words or conduct by police they should know would likely elicit an […] from the detainee.

incriminating response

T/F: Miranda warnings are required before police can accept a detainee's spontaneous, volunteered statement.

F

Routine […] questions, such as a detainee's name and address, do not constitute interrogation for Miranda purposes.

booking

If a detainee does not respond at all to Miranda warnings, the police [..1..] continue to question the detainee.

may

For a Miranda waiver to be valid, the government must show by a [..1..] of the evidence that it was [..2..] and voluntary.

preponderance, knowing

If a detainee invokes the right to remain silent, the police must […] honor this request by not badgering the detainee.

scrupulously

Police may reinitiate questioning after an invocation of the right to remain silent if they waited significantly, re-Mirandized, and questioned about a […] crime.

different

An invocation of the Miranda right to remain silent must be [..1..], [..2..], and [..3..].

explicit, unambiguous, unequivocal

If a detainee unambiguously invokes the Miranda right to counsel, all questioning must cease until counsel is provided OR the detainee [..1..] questioning OR is released from custody for [..2..] days.

reinitiates, 14

A request for counsel under Miranda must be […] to be effective.

unambiguous

Evidence obtained in violation of Miranda rules is generally inadmissible at trial under the […].

exclusionary rule

Statements obtained in violation of Miranda rules may be used to […] the defendant's trial testimony, but not as evidence of guilt.

impeach

If police intentionally use a "question first, warn later" tactic, a subsequent Mirandized confession is likely […].

inadmissible

Nontestimonial fruits of an unwarned confession will be suppressed if the police failure to give Miranda warnings was […].

purposeful

T/F: If the police failure to give Miranda warnings was not purposeful, nontestimonial evidence derived from the unwarned confession will likely be admissible.

T

The […] exception allows interrogation without Miranda warnings when reasonably prompted by a concern for public safety.

public safety

The Sixth Amendment right to counsel (Confessions) attaches after [..1..] have begun, while Miranda rights attach upon [..2..].

judicial proceedings, custodial interrogation

The Sixth Amendment right to counsel is [..1..], while the Fifth Amendment Miranda right to counsel is initially [..2..] specific during custodial interrogation.

offense specific, not offense

A suspect has a Sixth Amendment right to counsel at any post-charge […] or […].

lineup, showup

T/F: A suspect has a Sixth Amendment right to counsel at a police station photo identification after being formally charged.

F

A pre-trial identification can be attacked under Due Process if it is [..1..] suggestive AND there is a substantial likelihood of [..2..].

unnecessarily, misidentification

The remedy for an unconstitutional pre-trial identification is generally […] of the in-court identification.

exclusion

A witness may make an in-court identification despite an unconstitutional pretrial ID if the in-court ID has an […].

independent source

The most common independent source for an in-court identification is the witness's opportunity to […] the defendant at the time of the crime.

observe

At a suppression hearing for an unconstitutional identification, the government bears the burden of proving counsel was present, counsel was [..1..], or an [..2..] exists.

waived, independent source

At a suppression hearing for identification evidence, the defendant must prove an alleged […] violation.

due process