Miranda 5th Amendment-Final

1.Supreme Court has nine members- 9

2. 5 to 4 vote- not humanice 1960 Miranda vote 

3. 5 + 6

4. 5th amendment- deals with the constitutional right against self incrimination

5. “You have the right to remain silent, you have a right to counsel, if you cannot afford counsel one will be appointed for you.”

6. In new jersey it's not based upon the new jersey constitution, it’s based upon a new jersey statue and it’s called the rules of evidence 

7. Miranda vs. Arizona 1966

8. Before 1966 law -it was if you said something voluntary then they can use that against you, pre 1966 rule.

9. The only test for a confession was used in court it would have to be voluntary- the supreme court changed this theory 

10. This is all what law enforcement can not do, if the statement was voluntary and there were no Miranda rights given they cannot use that evidence in the court of law.

11. If the statement was voluntary and there was a waiver,

12. Three things law enforcement can not do-  

13. Most a police 

14. If the person is in custody 

15. This is all procedural 

16. Miranda rule- 

17. Involving two from the 5th amendment and two parts from the 6th amendment it is procedural for the supreme court. 

18. Did you give up your rights? Waiver? You can waive your rights but it has to be done voluntarily and intellectually, totality of the circumstances.

20. The bird of proof is on the prosecutor to show that someone waived their miranda rights. The defense does not have to do anything. Waiver burned on Prosecutor, can be verbal but better in writing.

21. When must miranda be given? How- You must be in custody, one way you are arrested, another way is you are not under arrest but you are not free to go based upon the totality of the circumstances, if you are under arrest and we ask questions that you are incriminated to, motion to suppress under miranda. 

22. What6 if you are not under arrest but you are not free to go should Miranda rights be given? According the supreme court yes

23. Questioned in the back seat of a police vehicle?- 

24. Questioning in your home?- depends on the circumstance 

25. General on the scene questioning- you don’t need miranda for that 

26. Asking routine question- no miranda required 

27. When the state is to a private person- no miranda is applied

28. Supreme court bright line rule

29.Who wrote the 5th amendment- 

30. In New Jersey based upon self incrimination it applies to spouses. They have a right not to incriminate their spouse not the constitution it’s by statue on the rules of evidence 

31. When law enforcement violates someone's contusion right- two things happen: the exclusionary rule and what can happen civilly, they can get a civil lawsuit against the law enforcement for violating someone’s constitutional rights when it comes to the 4th amendment.

32. 5th and 6th amendment if law enforcement violets someone's miranda rights the evidence can be excluded  but you can not sue civilly because it’s not procedural not substantive