LE Chapter 11.docx - Mirandized a term used by law enforcement officers to indicate that the suspect has been given the Miranda earnings Miranda Rule

LE Chapter 11.docx - Mirandized a term used by law...

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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 o 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 o 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 o 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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o 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? o 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
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