Triggering the privilege and Miranda Bar Exam Flashcards - Medical Study Cards
Master Triggering the privilege and Miranda 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.
Triggering the privilege and Miranda Flashcard Deck - 10 Cards
Flashcard 1: What makes a confession involuntary under the Due Process Clause?
Answer: A confession is involuntary if, under the totality of the circumstances, police coercion overcame the suspect’s free will; coercion is required, not merely a promise, deception, or the suspect’s vulnerability. An involuntary confession violates the Fifth Amendment as applied to the states through the Fourteenth Amendment and is inadmissible.
Flashcard 2: 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 3: 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 4: 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 5: 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 6: 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.
Flashcard 7: When does Miranda require police to give warnings?
Answer: Miranda warnings are required before custodial interrogation: questioning or its functional equivalent when a reasonable person would not feel free to leave. The warnings advise the suspect of the rights to remain silent, have statements used against them, consult an attorney, and have appointed counsel if indigent.
Flashcard 8: What happens when a suspect invokes the right to remain silent during custodial interrogation?
Answer: Police must scrupulously honor the invocation by stopping questioning and may resume only after a meaningful period, fresh Miranda warnings, or the suspect’s reinitiation. An equivocal statement generally does not require questioning to stop, although officers should clarify the suspect’s intent.
Flashcard 9: 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 10: What happens when a suspect clearly invokes the Miranda right to counsel?
Answer: Police may not reinitiate custodial interrogation about any offense unless counsel is present, or the suspect initiates further communication and then validly waives the right. This protection generally lasts during continuous custody, unlike the separate Sixth Amendment offense-specific right to counsel.
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