Title: Interrogations and Confessions
1Interrogations and Confessions
- FIFTH AMENDMENT
- No person shall be compelled in any criminal
case to be a witness against himself.
2Interrogations and Confessions
- Constitutional Implications
- 4th Exclusionary rule
- 5th Privilege against self incrimination
- 6th Right to Counsel
- 5th Federal Due Process
- 14th State Due Process
3Confessions
- Need to Voluntary
- So that they can be considered trustworthy
- Incriminating statements elicited during
consensual investigative techniques are always
admissible
4Three Phases of a Criminal Case
- Investigative Questioning
- Custodial Interrogation
- Prosecutorial
5Torture
- Violates the Free Voluntary Rule
- Confessions or inculpatory statements obtained by
law enforcement by coercion in violation of the
free voluntary rule will be suppressed to - Protect against convictions using unreliable
evidence - Preserve the suspects freedom of choice
- Deter PO from intolerable interrogation tactics
6Two Part Voluntary Test
- Part One Source of Pressure (Has the government
exerted pressure sufficient to exclude
voluntariness) - Beatings guns to the head are coercive and not
voluntary - Part Two What impact did this pressure have on
the suspect
7Less Coercive Means
- Necessitate and examination of the totality of
the circumstances - Pressure exerted by the police
- Suspects degree of susceptibility
- Conditions in which the interrogation took place
8The Ultimate Coercive Interrogation
9Pressure exerted by the police
- Torture, beatings, and the gun to the head are
inherently coercive and are not allowed - Coercion Can Also Include
- Threats
- False Promises
- Trickery
- Deceit
- Psychological Coercion
- Angry Lynch Mob
- Arresting Innocent Members of the Suspects Family
- Taking Children Away
- Promising Confession Will Prevent Prosecution
- Promising Leniency when PO is unable to affect
outcome - PO is allowed to make truthful representations
about suspects legal predicament - PO can tell suspect his cooperation will be
mentioned to the prosecutor - PO can tell suspect he will encourage the
prosecutor to be lenient - CONFESSIONS MUST BE PROVEN VOLUNTARY BY A
PREPONDERANCE OF THE EVIDENCE
10Suspects Degree of Susceptibility
11Conditions Under Which the Interrogation Took
Place
124th Amendment Exclusionary Rule
- If Search is Unconstitutional
- If Arrest is Unconstitutional
- If Investigative Stop is Unconstitutional
- Then confession is excluded and any evidence
which is fruit of the poisonous tree will be
excluded
13Compulsory Self Incrimination
- No person shall be compelled in any criminal
case to be a witness against himself - Testimonial evidence is controlled by the 5th
Amendment - The right of the people to be secure in their
persons against unreasonable searches shall
not be violated - Physical Evidence is controlled by the 4th
Amendment and is frequently admissible against
the interests of an arrestee/defendant
144th Amendment Protection Against Unreasonable
Searches Self Incrimination
- Three areas which could impact a courts finding
that evidence seized from an arrestees person or
physical appearance was obtained in an
unreasonable manner - Bodily movement
- An arrest must be constitutional
- Bodily privacy
- Thing to be seized in search must be publicly
viewable, cannot view naked body for evidence - Body Integrity Blood
- What was the reason for initial seizure or any
additional seizures
15Testimonial Self Incrimination
- Perjury v. Contempt
- Also applicable outside of a court room in police
interrogations - Right to remain silent
- Privilege against answering self incriminating
questions - Individuals have the right ANYWHERE not to answer
questions that would tend to incriminate
16Grand Jury
- You are compelled to appear under penalty of
contempt - Any question which might have a tendency to
incriminate you do not have to answer
17Testimonial Self Incrimination
- Does not extend to that which was made
voluntarily before criminal activity became
apparent - Journals
- Writing
- Records
- Subpoena Deuces Tecum
- Used to compel the production of certain items
- Challengeable because production could eventually
lead to evidence of crime.
18Compelling Testimonial Evidence
- Must create a risk of being convicted of a crime.
- Already tried for the crime convicted or
acquitted - Absolute or Transactional Immunity
- Use immunity
- Binding on State and Federal prosecutions
19Invoking 5th Amendment Right
- Defendant's decision not to testify is final and
cannot be used against him/her - Taking the witness stand revokes the privilege
- Jury cannot be told defendant invoked the
privilege - 5th Amendment Privilege does not extend to other
types of proceedings
20Appearance and Body Evidence
- Exposed to public scrutiny
- Handwriting
- Photos
- Fingerprints
- Voice Samples
- Field Sobriety Tests
- Evidence not seized in a reasonable manner
- Naked body
- Blood samples
- Surgically removed bullet
- DNA samples
21Compulsory Production of Appearance Evidence
- During Terry Stop
- Transport a short distance for show-up
- Never to police station
- Fingerprints and/or photos OK
- Illegal arrest taints appearance evidence
22Intrusive Body Searches
- What is reasonableness for 4th Amendment Searches
below a suspects skin surface - Government need for evidence exceeds the
intrusive nature into suspects privacy or bodily
integrity - Clear indication desired evidence will be found
- Search warrant or exigent circumstances
- Procedure to retrieve Evidence is reasonable and
the procedure is performed in a reasonable manner
23SW Requirement
- Penetrating the bodys surface
- Saliva, urine, semen or pubic hair samples
- Other bodily tissue or fluids
- Manually inspecting rectal or genital cavities
- Anything which would cause sever pain or
discomfort - Rick to health
- Intensive humiliation
24Exigent Circumstances
- Blood, breath or urine samples in DUI cases
- Gunshot residue test
- Reaching into mouth (mouth is not a sacred
orifice) - Stomach pumping is OK if less intrusive means are
not available - Strip Searches and body cavity searches must be
based on the reasonable suspicion that search
will produce drugs, weapons, or contraband (In
Illinois controlled by Statute)