Fifth Amendment: Self-Incrimination and Legal Precedents

What is the origin of the principle of self-incrimination?

It comes from the maxim 'nemo tenetur seipsum accusare,' meaning no man is bound to accuse himself.

How many states included self-incrimination in their constitutions before the federal bill of rights?

Six states had it in their constitutions.

What significant addition did Congress make to the Fifth Amendment regarding self-incrimination?

Congress added 'in a criminal case' to the amendment.

What was the early doctrine regarding coerced confessions?

Coerced confessions were potentially excludable from trial because they were deemed unreliable.

Which case established that the Fifth Amendment imposes separate restrictions on the admissibility of confessions?

Bram v. US.

When were the protections of the Fifth Amendment extended to the states?

In the 1960s.

What are the two main interests of the court regarding self-incrimination?

Preservation of an accusatorial system and preservation of personal privacy.

In what context does the self-incrimination protection apply?

It applies to police interrogations.

Can self-incrimination protections be used by organizations or corporations?

No, it cannot be used by or on behalf of an organization or corporation.

What can be suppressed under the self-incrimination doctrine?

Documents that are not known to the government can be suppressed.

What happens if a defendant takes the stand on their own behalf?

The defendant does so voluntarily, which waives certain protections.

What did Griffin v. California establish regarding a defendant's refusal to testify?

The court refused to permit prosecutorial comments to the jury on a defendant's refusal to take the stand.

What is the 'Needless encouragement test'?

It assesses the nature of the choice required to be made by defendants regarding testifying.

What is the Required Records Doctrine?

It does not extend to corporate figures and narrows the protection of papers.

What is the status of public records under the self-incrimination doctrine?

Public records are considered property of the government.

What must exist for the government to regulate or forbid an activity related to self-incrimination?

There must be a sufficient relation between the activity sought to be regulated and the public concern.

What does immunity in the context of self-incrimination entail?

It prevents compelling a person to be a witness against themselves.

What did Counselman v. Hitchcock determine about immunity statutes?

It rendered the immunity statute unenforceable due to two faults: it did not proscribe derivative evidence and only prohibited future use of compelled testimony.

What change was made in the immunity statute following Brown v. Walker?

The new statute required transactional immunity in exchange for compelled testimony.

What did Kastigar v. uphold regarding immunity statutes?

It upheld a use-immunity restriction only, replacing all prior immunity statutes.

What was the significance of United States v. Sullivan?

The case ruled that the Fifth Amendment did not privilege a bootlegger from filing an income tax return, as it would reveal illegal activities.

What was the outcome of Albertson v. SACB?

The court struck down an order requiring registration by members of the communist party, as it targeted a specific group.

What did Bram v. US establish regarding confessions?

It extended the doctrinal basis for analyzing the admissibility of a confession beyond the common-law test of voluntariness.

What was the ruling in McNabb v. US concerning confessions?

Confessions obtained after an unnecessary delay in presenting a suspect for arraignment could not be used in trial.

How did Chambers v. Florida affect the admissibility of confessions?

The court ruled that prolonged questioning made a confession involuntary.

What was the key issue in Ashcraft v. Tennessee?

The confession was deemed inadmissible because it was obtained after almost 36 hours of continuous questioning.

What principle did Stein v. New York introduce regarding confessions?

It emphasized the need to balance the circumstances of pressure against the power of resistance of the person confessing.

What are the procedural safeguards established by Miranda and its aftermath?

Prosecutors may not use statements obtained during custodial interrogation unless certain procedural safeguards are followed.

What does the Miranda warning entail?

A suspect must be informed of their right to remain silent and that anything said can be used against them in court, as well as their right to an attorney.

What did Withrow v. Williams clarify about Miranda?

It affirmed that Miranda protects a fundamental trial right.

What are the requirements of Miranda warnings?

Full warnings must be given prior to interrogation, and the manner of conveying them does not affect their validity as long as they are fully conveyed.

What is the Edwards rule in relation to Miranda?

It bars police-initiated questioning stemming from a separate investigation or related to the crime for which the suspect is arrested.

What are the exceptions to Miranda requirements?

A properly informed suspect may waive their rights, but the prosecution must prove the waiver was voluntary, and there is a public safety exception for serious offenses.

What was the central issue in Miranda v. Arizona?

The case addressed whether the Fifth Amendment protection extends to police interrogation of a subject.

What was the ruling of the Court in Miranda v. Arizona?

The Court required law enforcement to advise subjects of their rights during interrogations while in police custody.

What were the facts of Dickerson v. US?

Dickerson admitted to being a getaway driver during questioning, but disputed whether he was read his Miranda rights before making statements.

What question did Dickerson v. US raise regarding Congress and Miranda?

It questioned whether Congress could legislatively overrule Miranda and its warnings governing the admissibility of statements made during custodial interrogation.

What does the Fifth Amendment protect against?

It protects individuals from self-incrimination during police interrogations.

What must a defendant be told according to Miranda?

They must be informed of their right to remain silent and their right to an attorney, with the state providing one if they cannot afford it.

What is the significance of the phrase 'anything said can and will be used against you in a court of law'?

It emphasizes the legal implications of statements made during interrogation and the potential for self-incrimination.

What does the term 'custodial interrogation' refer to?

It refers to questioning by law enforcement after a person has been taken into custody.

What is the purpose of Miranda safeguards?

To provide suspects in custody with an added measure of protections during interrogation.

What does Miranda govern?

The admissibility of statements made during custodial interrogation in both state and federal contexts.

How has Miranda warnings been integrated into police practice?

Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture.

What is the significance of Birchfield in relation to searches incident to arrest?

Birchfield is connected to search incident to an arrest, questioning the degree of intrusion and the legality of denying a BAC/blood test.

What is the legal stance on breathalyzer tests compared to blood tests according to Birchfield?

Breathalyzer tests are considered less intrusive than blood tests, and individuals cannot be forced to undergo a blood draw without a warrant.

What can happen if someone refuses a blood draw under implied consent laws?

Individuals cannot be punished for refusing a blood draw without a warrant, but they can be punished for refusing a breathalyzer.

What did the Supreme Court rule in Michigan v. Sitz regarding sobriety checkpoints?

The Supreme Court upheld sobriety checkpoints, stating that they do not violate the Fourth Amendment.

What is the rationale behind the ruling in Michigan v. Sitz?

The court recognized the significant state interest in eradicating drunken driving.

What was the case Acevedo about?

Acevedo involved police observing a suspect enter an apartment known for drug activity, leading to a search based on reasonable suspicion.

What does the automobile exception entail as affirmed in Acevedo?

The automobile exception allows police to conduct a search without a warrant if they have probable cause.

What concerns were raised in the Acevedo case regarding police conduct?

There are concerns about potential mistakes and profiling by police, who must make snap judgments.

What was determined in Stafford v. Redding regarding searches in schools?

The court ruled that the Fourth Amendment prevents intrusive searches for drug holdings in schools.

What does the exclusionary rule state as highlighted in the case Leon?

The exclusionary rule states that evidence obtained from an illegal search cannot be used in court.

What landmark case established the exclusionary rule?

Mapp v. Ohio established the exclusionary rule.

What is the implication of the phrase 'fruits of the poisonous tree'?

It refers to the principle that evidence derived from illegal searches is inadmissible in court.

What is the legal consequence of probable cause in relation to warrantless searches?

While there is probable cause or reasonable suspicion, warrantless searches may be valid.

What is the court's position on implied consent laws in Birchfield?

The court sidesteps implied consent laws, indicating that punishment for refusal of a blood draw requires a warrant.

What does the term 'intrusiveness' refer to in the context of searches?

Intrusiveness refers to the degree of invasion into an individual's privacy during a search.

How does the court view the balance between state interests and individual rights in these cases?

The court often weighs the state's interest in public safety against individual rights under the Fourth Amendment.

What is the role of reasonable suspicion in police searches?

Reasonable suspicion allows police to conduct searches without a warrant if they believe a crime is occurring.

What overarching theme connects the cases discussed in the notes?

The theme revolves around the balance between law enforcement interests and the protection of individual rights under the Fourth Amendment.

What is the significance of the Fifth Amendment in criminal cases?

It protects individuals from being compelled to testify against themselves and ensures due process of law.

What happens if police act in good faith during a search?

Evidence obtained may be admitted even if the search warrant was later found to lack probable cause.

What was the outcome of the Leon case regarding police surveillance?

Leon was the target of police surveillance, and illegal drugs were found, but the affidavit for the search warrant did not establish probable cause.

What is the voluntariness standard in the context of confessions?

It assesses whether a confession was made voluntarily and admissibly, considering the totality of circumstances.

What did the Malloy v. Hogan (1964) case establish?

It incorporated the self-incrimination clause of the Fifth Amendment to the states.

What are the key requirements of Miranda warnings?

Suspects must be informed of their right to remain silent, that statements can be used against them, and their right to an attorney.

What happens if a suspect asserts their right to silence after being mirandized?

Questioning must cease upon the suspect's assertion of their right to silence or request for counsel.

What is the exclusionary rule in relation to Miranda?

Confessions obtained in violation of Miranda cannot be used against the suspect in court, with some exceptions.

What was the outcome of Dickerson v. US regarding Miranda?

The court declined to overrule Miranda, affirming its standards and striking down congressional provisions attempting to revert to the voluntariness standard.

What is the balancing act described in the context of the Fifth Amendment?

It weighs the protection of individual rights against the government's need for discretion to obtain confessions.

What does the term 'reliance interest' refer to in legal precedent?

It refers to the importance of maintaining established legal precedents to avoid societal upheaval.

What is the difference between accusatorial and inquisitorial systems in criminal law?

An accusatorial system requires the state to prove guilt with independently secured evidence, while an inquisitorial system may allow coercion.

What is the impact of the gradual chipping away at Miranda?

Lawyers find justifiable exceptions to the Miranda rule, potentially undermining its effectiveness.

What is the role of the government in obtaining confessions according to the notes?

The government seeks discretion to obtain the best evidence and confessions while balancing individual rights.

What does 'voluntariness standard' mean in the context of confessions?

It refers to the requirement that confessions must be made voluntarily, without coercion, to be admissible.

What must police demonstrate to use statements obtained during custodial interrogation?

They must show that procedural safeguards were effectively used to secure the privilege against self-incrimination.

What are the implications of a confession being coerced?

A coerced confession is inadmissible in court, violating the suspect's rights.

What is the significance of the phrase 'before questioning or interrogation'?

It emphasizes that Miranda warnings must be given before any questioning begins.

What does it mean to waive rights after being mirandized?

A suspect may voluntarily, knowingly, and intelligently give up their rights after being informed of them.

What is the role of the affidavit in obtaining a search warrant?

The affidavit must establish probable cause for the warrant to be valid.

What are the consequences of a police officer abusing their authority during a search?

Evidence obtained may be challenged in court, potentially leading to its exclusion.