Mirandized : a term used by law enforcement officers to indicate that the suspect has
been given the Miranda earnings
Miranda Rule : evidence obtained by the police during custodial interrogations cannot
be used in court during trial unless the defendant was first informed of the right not to
incriminate himself or herself and the right to a lawyer
Before Miranda
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Before Miranda, the only test for whether a confession was admissible into court
was whether it was voluntary, based on a totality of circumstances test
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Voluntary Confessions
Case-by-case basis
Determined by the courts based on whether the suspect’s will was
“broken” or “overborne” by the police during the interrogation and taking
into account all of the facts and circumstances in the case
Confessions obtained by force or coercion could not be used in court
Confession : a person says he or she committed the act
Admission : a person admits to something related to the act but may not
have committed it
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Four Cases Illustrating the Pre-Miranda Voluntariness Test
Coercion and Brutality – Confession Not Valid
A suspect was beat and whipped until he confessed but the Court
reversed the conviction and held that the confession was a
product of utter coercion and brutality
Deception – Confession Not Valid
The Court said that the use of deception as a means of
psychological pressure to induce a confession was a violation of
the defendant’s constitutional rights, and therefore the Court
excluded the evidence
Confession Not Voluntary – Confession not Valid
The police threated a suspect, Rogers, about bringing in his wife
since he was not giving any information
The Court held that the confession by Rogers
was involuntary, and
therefore not admissible, on the grounds that the accused did not
have complete freedom of mind when making his confession
Suspect Denied Counsel at the Police Station – Confession Not Valid
Escobedo was being interrogated and persuaded to confess
He asked to see his lawyer and his lawyer asked to see him, both
requests were denied
The Court held that Escobedo was denied his right to counsel, so
not statement taken during the interrogation could be admitted
against him at the trial
Escobedo set the stage for Miranda and, in fact, made Miranda
necessary because of the confusion created in lower courts by
Escobedo had to be cleared up
Miranda Rejects Voluntariness as the Sole Test
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Voluntariness is still required under Miranda, but it is assumed from a “yes”
answer to all three questions the trial court must ask
Were the Miranda warnings given?
If they were given, was there a waiver?
If there was a waiver, was it intelligent and voluntary?
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Miranda, in effect, established a three-question test for admissibility
If the statement was voluntary but the Miranda warnings were not given
when they should have been (because there was a custodial
interrogation), the evidence cannot be admitted in court
Even if the statement was voluntary and the Miranda warnings were
