Term
| 5 steps in Interrogation Analysis |
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Definition
1) Was tht 5th Amendment Implicated?
2) Did the Miranda need to be given or is there an exception?
3) Did LE substantially convey the Miranda warning
4) Was there a valid waiver or incovation of the right to silence or right to counsel?
Was the 6th Amendmen Implicated?
5) If the 5th or 6th amendment was violated, should any evidence derived from confession be excluded. |
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Term
| 2 steps to tell if the 5th Amendment is implicated |
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Definition
1) Was the defendant in custody?
2) Did the police conduc an Interrogation? |
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Term
| 3 exceptions to the Miranda Warning/Waiver regime |
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Definition
1) Public safety exception
2) Booking exception
3) Nontestimonial evidence |
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Term
| 6 waiver/invocation issues |
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Definition
1)did the defendant communicate that he was knowingly, intelligently, and voluntarily willing to speak to the police?
2) If there was no specific waiver statement did the totality of the circumstances indicate that he meant to waive his rights?
3)What right did he invocate right to counsel or right to silence?
4) After invocation, did the suspect initiate further contact with the police?
5) in the suspect did not reinitiate, did the invocation expire (2 week threshhold)?
6) If the invocatioj was still in effect wat charges did the police question about? |
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Term
| 6 issues in 6th Amendment Implication |
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Definition
1) Had prosecution commenced (charges filed or intial appearance)
2) Had the defendant requested counsel>
3) After the rights attached was there deliberate elicitation?
4) If Yes, was there valid waiver beforehand?
5) If No valid waiver, did suspect re-initiate contat with police?
6) What charges did the police question the subject about? |
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Term
| 4 Issues in use of evidence derived from confession obtained in violation of the 5th/6th amendment? |
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Definition
1) Was the confession obtained by means calculated to break the suspect's will (involuntary/coerced in viloation of due process)?
2)Was LE responsible for breaking the suspects will, or was some other force/person responsible?
3) If LE was responsible, would derivative evidence inevitably have been discovered anywway?
4)Is impeachment use all that is cintemplated? |
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Term
| Definition of interrogation |
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Definition
| conduct reasonablu likely to elicit an incriminating respnse. |
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