Wendy's Crim Proc Outline - Conklin

Wendy's Crim Proc Outline - Conklin - WENDYS CRIM PROC...

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WENDY’S CRIM PROC OUTLINE p 1 of 5 Does Δ have standing to claim 5th A rights: Was there custody? Was there interrogation? Were adequate Miranda warnings given? Was Δ’s statement voluntary? Was there a valid waiver by Δ? 5TH AMENDMENT SELF-INCRIMINATION No person shall be compelled in any criminal case to be a witness against himself nor be placed in double jeopardy VOLUNTARINESS OF STATEMENTS S TANDARD OF V OLUNTARINESS - Coerced, involuntary confessions by physical or mental abuse through state action are inadmissible, PERIOD. If any of this was present, the confession may still be admissible (under limited circumstances) but the jury must be informed of circumstances. The burden is on the State to prove the statement was voluntary, not for the Δ to prove it was involuntary. States may provide Δs greater protection, but never less. - Admissible : • statements made by one w/ mental illness are admissible provided there is no police/gov’t wrongdoing. - Inadmissible : • involuntary confessions - Permissible actions : • trickery; • deceit; • false promises; • acts by private parties--but jury must be told of the “totality of the circumstances” - Impermissible actions : false extrinsic statements which would induce an innocent person to confess (“ God wants you to confess …”); intrinsic is ok. Statements made in violation of the 5th A may violate the 14th A’s Due Process Clause Confessions are statements where a person admits all the elements of the offense --very rare Admissions include denials and alibis, and lock a witness into a story which may be used to impeach his testimony MIRANDA Any statement obtained as a result of custodial interrogation may NOT be used against the suspect in a criminal trial unless the State can show the police provided procedural safeguards (= Miranda) to protect Δ’s 5th A rights against self-incrimination. Must be given: • for misdemeanor offenses; • even if initially refused (“I know my rights”) --if refused twice then it’s arguably a valid waiver; • to rich people, cops, and judges; to those w/ criminal histories (though experience may be a factor if there’s a waiver) EXCEPTIONS TO MIRANDA REQUIREMENT • If police believe an imminent threat to public safety exists (including a loaded weapon or bomb nearby, or a victim is being held) Preliminary investigations , as they are not custodial, and may be continued w/o taking person into custody even if probable cause exists C USTODIAL I NTERROGATION is police-initiated questioning after a person has been taken into custody (police-dominated atmosphere) Custody is when a REASONABLE PERSON would feel deprived of freedom of movement in a significant way . Whether the officer thinks the person is a suspect is irrelevant
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This note was uploaded on 10/24/2010 for the course PR 123 taught by Professor Gramer during the Spring '06 term at Loyola Law School Los Angeles.

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Wendy's Crim Proc Outline - Conklin - WENDYS CRIM PROC...

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