Invoking and waiving Miranda rights Bar Exam Flashcards - Medical Study Cards
Master Invoking and waiving Miranda rights with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Invoking and waiving Miranda rights Flashcard Deck - 9 Cards
Flashcard 1: Compare and contrast the Fifth Amendment Miranda right to counsel and the Sixth Amendment right to counsel based on their triggers and scope.
Answer: The Fifth Amendment Miranda right to counsel is triggered by custodial interrogation and is not offense-specific, covering questioning about any crime during continuous custody. The Sixth Amendment right to counsel attaches automatically when formal adversary judicial proceedings begin and is offense-specific, limited to the charged offense and lesser-included offenses.
Flashcard 2: What is the effect of a voluntary Miranda waiver?
Answer: A suspect may waive Miranda rights if the waiver is knowing, intelligent, and voluntary under the totality of the circumstances. Police need not obtain a written waiver, but the prosecution must prove a valid waiver before using the unwarned interrogation statement.
Flashcard 3: What are the four core rights that Miranda warnings must reasonably convey?
Answer: Miranda warnings must reasonably convey to a suspect that they have the right to remain silent, that anything they say can be used against them in court, that they have the right to consult with an attorney and have one present during questioning, and that if they cannot afford an attorney, one will be appointed for them.
Flashcard 4: Under the Due Process Clause, what makes a confession involuntary?
Answer: A confession is involuntary if it was extracted by police coercion that overbore the suspect's will, considering the totality of the circumstances. Suspect vulnerability alone is not enough; there must be state action.
Flashcard 5: What is the public-safety exception to Miranda?
Answer: Under the majority rule, police may ask unwarned custodial questions when reasonably necessary to address an objectively immediate threat to public safety, and the suspect’s answers may be admitted in the prosecution’s case-in-chief. The exception is narrow and does not excuse coercive interrogation.
Flashcard 6: What requirements must be satisfied for a valid waiver of Miranda rights?
Answer: Under the majority rule, the waiver must be voluntary, knowing, and intelligent based on the totality of the circumstances; it need not be express and may be implied by the suspect’s conduct. Police need not obtain a written waiver, but the prosecution bears the burden of proving a valid waiver by a preponderance of the evidence.
Flashcard 7: What constitutes “interrogation” for Miranda purposes?
Answer: Interrogation includes express questioning and its functional equivalent—words or actions the police should know are reasonably likely to elicit an incriminating response. Voluntary statements not prompted by police interrogation do not require Miranda warnings.
Flashcard 8: What is the usual remedy for a voluntary statement obtained in violation of Miranda?
Answer: The unwarned statement is generally excluded from the prosecution’s case-in-chief, although it may be used to impeach the defendant’s testimony if it was voluntary. Under the majority rule, physical fruits of a Miranda violation are generally admissible, unlike the fruits of a genuinely coerced confession.
Flashcard 9: What does the Fifth Amendment privilege against self-incrimination protect, and when does it apply?
Answer: It protects a person from being compelled by the government to provide testimonial, incriminating evidence; it generally does not protect against compelled physical evidence such as fingerprints, blood samples, or handwriting exemplars. The privilege may be asserted in any proceeding where compelled answers could later be used in a criminal case.
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