CP Lesson

1
CP Lesson 10 Protections Against Self
Incrimination

• 5th Amendment
• Historical Development and Rationale
• Development of Specific Rights
• Determining if a Confession is Voluntary
• Miranda and its Requirements
• Waiver of Rights
• Exceptions

2
5th Amendments Protection

• 5th Amendment says no person shall be
  compelled in any criminal case to be witness
  against himself.
• Historical Development and Rationale
• History
• What coerced confession does
• Authoritarian government vs. democracy

3
Development of Right

• Federal Right Bram v. US (1897)
• Due Process and Right
• The Voluntariness Requirement
• Brown v. Mississippi (1936)
• Spano v. NY (1959)
• Malloy v. Hogan (1964)

4
Determining Voluntariness

• Free Choice
• Totality of the circumstances
• Colorado v. Connelly (1986)
• Factors
• Where
• Miranda
• Who initiated
• Physical or mental coercion
• Prolonged detention
• Prolonged questioning
• Refusal of counsel

5
Miranda v. Arizona (1966)

• Court grows tired of making case-to-case
  determinations on voluntariness
• Sets forth Miranda Warnings specifically as a
  specific safeguard of the 5th right in custodial
  interrogations
• Also discusses what waiver of the right
  essentially denotes and implications and
  parameters of waiver

6
Requirements of Miranda Regarding Waiver

• Waiver must be knowingly, voluntarily, and
  intelligently made
• Waiver must be fairly explicit (not just nodding
  head) all circumstances considered though
• Right is continuous once waived, it can be
  reasserted later

7
Basic Three Part Test for Miranda

• 1) Were the Miranda Warnings given?
• 2) If they were given, was there a waiver of
  rights?
• 3) If there was a waiver, was it intelligent and
  voluntary?
• Note Miranda Warnings need not be verbatim as
  long as the substance is there

8
Upholding Miranda in Recent Years

• 1999 4th Circuit says Miranda obsolete
  overruled by federal statute (18 USC 351)
• 351 Passed right after Miranda as backlash sets
  standard back to vague voluntariness standard
  but ignored by federal officials until late 90s
• SCOTUS deems 351 unconstitutional Miranda is a
  constitutional rule, not just rule of evidence or
  guideline

9
Miranda Cornerstones

• First, Custody
• Is defendant deprived of freedom of action in a
  significant way?
• Reasonable person test would RP feel free to
  terminate encounter given all circumstances?
• OR v. Mathiason (1977)
• Berkemer v. McCarty (1984)
• Orozco v. TX (1969)

10
Miranda Cornerstones, cont.

• Second, Interrogation
• Can be express or implied
• Whether a RP would believe the officers actions
  or words are reasonably likely to result in a
  suspects incriminating response
• RI v. Innis (1980)
• Compare Williams (Christian burial) cases and AZ
  v. Mauro (1987)
• PA v. Muniz (1990)

11
When a Suspect Asserts Rights

• Asserting one or both
• Michigan v. Mosely (1975)
• Edwards v. AZ (1981)
• Jail or prison (snitches)
• US v. Henry (1980)
• Kuhlman v. Wilson (1986)
• IL v. Perkins (1990)

12
Waiver of 5th Rights and Exceptions

• Suspect knowledge and waiver
• Moran v. Burbine (1986)
• Exceptions to Miranda
• Public Safety NY v. Quarles (1984)
• Impeachment Harris v. NY
• Purged Taint OR v. Elstadt (1985)
• But, see Missouri v. Seibert (2004)
• What about Patane and FOTPT?