Chapter 6
Interrogations and Confessions
Constitutional Law
12th Edition
Introduction
No person shall be . . . compelled in any criminal
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Legal Hurdles for Confessions
In order to be admissible, confessions must
satisfy:
•The due process free and voluntary rule
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Legally Relevant Phases
•Police questioning may take place at different
stages in the development of a criminal case, with
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The Free and Voluntary Rule
Suppression of coerced confessions serves three
main purposes.
1. Protects against convictions based on unreliable
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Determining Voluntariness
Voluntariness is determined by examining the
totality of circumstances surrounding the
confession, emphasizing:
•Pressures exerted by police
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Exclusionary Rule
The second ground for challenging a confession
stems from the Fourth Amendment exclusionary
rule.
•Suppression of confessions that are causally
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McNabb-Mallory Rule
The McNabb-Mallory or “delay in arraignment rule”
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Miranda Rule
Activated whenever police interrogate a suspect
who is then in custody. To procure an admissible
confession, police must:
•Warn the suspect of his/her Fifth Amendment
rights
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Custodial Interrogation
Custodial interrogation has two components: (1)
custody and (2) interrogation.
•Custody requires:
oA formal arrest
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Police Questioning
The Sixth Amendment right to counsel attaches
when adversary judicial proceedings are initiated.
Thereafter:
•The government is prohibited from eliciting
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Questioning Standards
•Fifth Amendment:
oMiranda phase
oBefore formal charges are lodged
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Impeachment
An inadmissible confession may be used only if:
•The defendant takes the stand and testifies on
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Derivative Evidence
•Inadmissible derivative evidence:
oStatements obtained in violation of the due
•Admissible derivative evidence:
oStatements obtained in violation of
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Corpus Delecti Rule
• “Body of the crime”
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