Ch11 confessions and admissions

Confession

when a person says he or she committed the act .

Admission

when the person owns up to something related to the act , but may not have committed it

Testimonial evidence obtained during a custodial interrogation is inadmissible in court unless

a . The suspect was advised of his Miranda Warnings . b . The rights were waived intelligently and voluntarily . c . The statement was voluntary . That is it was given of the suspect's own free will and not the result of any threats , force , or coercion .

Custodial interrogation

generally takes place when the suspect is in custody and under interrogation . Both factors must be present

A suspect is considered in custody when they are

either under arrest or when they are not under arrest , but deprived of their freedom in a significant way .

A suspect is deprived of their freedom in a significant way when

their freedom of movement is limited by police and a reasonable person in the same circumstances would feel he or she was in custody .

An interrogation

Is when the police ask questions that tend to incriminate , or that are designed to illicit incriminating information such as " Did you kill her ? " " Where is the gun ? " or " Why did you do it ?

When no questions are being asked by the police , but the circumstances are so conducive to making a statement or giving a confession the courts may consider this the

functional equivalent of an interrogation .

The Miranda Warnings

a . You have the right to remain silent .b . Anything you say can be used against you in a court of law . c . You have a right to the presence of an attorney . d . If you cannot afford an attorney , one will be appointed for you prior to questioning .

fifth warning that is often associated with the Miranda Warnings but is not required by law

you may decide at any time to exercise these rights and not answer any questions or make any statements .

you are required to advise a suspect of his Miranda Warnings anytime he is subject to a

custodial interrogation

Once a suspect has invoked his right to remain silent or to speak with an attorney , the interrogation must cease .

Further questioning of the suspect violates his Fifth Amendment Right and will be ruled inadmissible in a court of law .

A waiver

is an intentional relinquishment of a right or known remedy .

An intelligent waiver

is one given by a suspect who knows what he is doing and is sufficiently competent to waive his rights .

Arizona v . Fulminante

harmless error rule" This rule can be described as : An error made by admitting illegally obtained evidence does not lead to a reversal of the conviction if the error determined to be harmless . If the admission constitutes a harmless error , the conviction is affirmed . The conviction is reversed if the error is deemed harmful or if the prosecution fails to establish beyond a reasonable doubt that the error was harmless

Berkemer v McCarty

routine traffic stops" the stop does not progress into an arrest or further detention

requirement in Louisiana under C.Cr.P. Article 218.1

Always give Miranda warning

Voluntary Waiver

is one that is not the result of any threat , force , or coercion and is made of the suspect's own free will .

instances when Miranda is not required

a . When officer does not ask any questions b . During general on - the - scene questioning . c . When the statement is volunteered statement d . When asking routine identification questions e . Where there is a threat to public safety as specified in New York v . Quarles f . During " routine " traffic stops as specified in Berkemer v . McCarty

volunteered statement is

A statement given by a suspect without interrogation