This is an extract of our Interrogations And Confessions document, which we sell as part of our Criminal Procedure: Investigations Outlines collection written by the top tier of UC Berkeley School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Procedure: Investigations Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Interrogations and Confessions I. Unique problems court attempts to address/balance a. Hard to know what goes inside of room when police interrogate a suspect b. Is reliance on interrogations and confessions a good thing or a band thing?
i. Police argue it is the most effective tool they have ii. Some justices think evidence obtained in this manner is like an inquisition and is unreliable c. Focus now i. Court distinguished between confessions in violation of Miranda and confessions that are truly involuntary ii. Miranda is a procedural safeguard to help ensure that confessions are voluntary II. Evolution of the law a. DPC of the 5th and 14th amen i. Involuntary statements---need police misconduct to find statement involuntary under DPC
1. Compulsion by torture to confess violates DPC a. Brown v Mississippi: black men are tortured until they confess to the crime, only evidence against them was the confession
2. When defendant's will has been overborne it violates DPC a. Totality of the circumstances to determine if statement was voluntary i. Spano v New York: Boxer took Spano's money and Spano then shot boxer in a candy store; asked for atty several times and was denied, manipulated into confessing by friend (would this be the same post Miranda) b. BUT defendant's will overbore w/o police misconduct is not enough i. Colorado v Connelly: schizophrenic who thinks voice of god commanded him to confess to murder b. Right to counsel---6th amen and DPC of 14th amen i. Once the defendant has been indicted can't deliberately elicit information about THAT charge w/o attorney present
1. Violation only occurs when police or informant take some action beyond merely listening a. Massiah: Massiah released on bail and co
defendant wore a wire and elicited incriminating statements out of him; violates 6th amen right to counsel; like interrogating him without him knowing
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