“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Seven: Confessions and the 5 th...

“Copyright © Allyn & Bacon 2008 “Copyright © Allyn & Bacon 2008

Criminal EvidenceCriminal EvidenceCriminal EvidenceCriminal Evidence

Chapter Seven: Chapter Seven: Confessions and the 5th

Amendment

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The Fifth AmendmentThe Fifth Amendment

Protections of 5Protections of 5thth Amendment: Amendment: grand jury systemgrand jury system: in which private citizens : in which private citizens

serve as criminal justice “gatekeepers”serve as criminal justice “gatekeepers” double jeopardydouble jeopardy: prohibits trying of an : prohibits trying of an

individual more than once for the same crime individual more than once for the same crime (in the same court).(in the same court).


The Fifth AmendmentThe Fifth Amendment

Protections of 5Protections of 5thth Amendment: Amendment: right to right to due processdue process generally protected generally protected

citizens from the possibility of an oppressive citizens from the possibility of an oppressive federal government and the right to federal government and the right to procedural certaintyprocedural certainty

the freedom from arbitrary seizures of the freedom from arbitrary seizures of personal property (personal property (impressment of personal impressment of personal property)property)


Self-IncriminationSelf-Incrimination

The freedom from self-incrimination The freedom from self-incrimination protects people from compulsory protects people from compulsory testimony where such testimony may be testimony where such testimony may be incriminating. incriminating.


MirandaMiranda

Miranda v. ArizonaMiranda v. Arizona (1966): no statement (1966): no statement which stemmed from the custodial which stemmed from the custodial questioning of a suspect by law questioning of a suspect by law enforcement officials, could be introduced enforcement officials, could be introduced unlessunless the state demonstrated that the state demonstrated that procedural safeguards to secure the 5procedural safeguards to secure the 5thth Amendment’s privilege against self-Amendment’s privilege against self-incrimination were taken incrimination were taken


MirandaMiranda

Miranda warning: Accused has…Miranda warning: Accused has… The right to remain silentThe right to remain silent Anything they say may be used against themAnything they say may be used against them They have the right to an attorney (before They have the right to an attorney (before

and) during the interrogation processand) during the interrogation process an attorney will be appointed to them if they an attorney will be appointed to them if they

can not afford to hire one can not afford to hire one


Public Safety ExceptionPublic Safety Exception

MirandaMiranda warnings are not necessary in warnings are not necessary in cases in which three characteristics are cases in which three characteristics are present 1) an urgent need exists in which present 1) an urgent need exists in which no other possibility abounds; 2) there is a no other possibility abounds; 2) there is a possibility to save human life; and, 3) the possibility to save human life; and, 3) the primary motive of the interrogator is primary motive of the interrogator is rescue rescue


Sequential InterrogationsSequential Interrogations

Just as Just as MirandaMiranda attaches to all custodial attaches to all custodial situations in which special circumstances situations in which special circumstances are not present, it also applies to all are not present, it also applies to all interrogations, partial or comprehensive, interrogations, partial or comprehensive, which are attempted during the custodial which are attempted during the custodial period period


Co-Defendant’s Confessions Co-Defendant’s Confessions

Statements made by co-conspirators/co-Statements made by co-conspirators/co-defendants are permissible only whendefendants are permissible only when

corroboration; and corroboration; and 1.1. s/he takes the stand during the trials/he takes the stand during the trial2.2. the two parties are tried separatelythe two parties are tried separately3.3. references to the defendant are omitted from the references to the defendant are omitted from the

testimony; ortestimony; or4.4. the charges against the defendant are dropped the charges against the defendant are dropped

Violations of the rule are called Violations of the rule are called Bruton Bruton violations violations


Constraints on Law Enforcement Constraints on Law Enforcement

Officers in U.S. are prohibited from Officers in U.S. are prohibited from extracting confessions through the use of extracting confessions through the use of physical torture.physical torture.

In some cases, they are permitted to In some cases, they are permitted to collect confessions through a variety of collect confessions through a variety of deceptive strategies, including the deceptive strategies, including the issuance of promises, threats, and lies. issuance of promises, threats, and lies.


Where 5Where 5thth Amendment does Amendment does notnot apply apply

Blood / field sobriety test evidenceBlood / field sobriety test evidence Compulsory participation in identification Compulsory participation in identification

procedures (lineups and videotaped procedures (lineups and videotaped recordings) booking information. recordings) booking information.

Examinations (hair, fingerprint, DNA)Examinations (hair, fingerprint, DNA)

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