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Chapter 12Chapter 12

Obtaining Statements and Obtaining Statements and Confessions for use as EvidenceConfessions for use as Evidence

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Corpus Delicti RuleCorpus Delicti Rule In using a confession as evidence, In using a confession as evidence,

corroborating evidence must also be corroborating evidence must also be provided to prove the provided to prove the Corpus DelictiCorpus Delicti

I.e., that a crime was committed and I.e., that a crime was committed and the defendant is culpable.the defendant is culpable.

This requirement originated in This requirement originated in England, was developed solely England, was developed solely “to “to protect the defendant against the protect the defendant against the possibility of fabricated testimony possibility of fabricated testimony which might wrongfully establish which might wrongfully establish the crime and the perpetrator.”the crime and the perpetrator.”

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Requirement that confessions and Requirement that confessions and incriminating statements be incriminating statements be

voluntaryvoluntary It has never been held that interrogations It has never been held that interrogations

by police are by police are per se per se unconstitutional. The unconstitutional. The voluntariness testvoluntariness test used today requires used today requires that confessions and admissions by a that confessions and admissions by a suspect must be suspect must be voluntarily and freely voluntarily and freely givengiven..

If the police or a prosecutor obtain a If the police or a prosecutor obtain a confession or an incriminating admission confession or an incriminating admission by means that by means that overbears the will of the overbears the will of the accused, that statement or confession accused, that statement or confession cannot be used as evidence.cannot be used as evidence.

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Totality-of-the-circumstances Totality-of-the-circumstances testtest

In determining whether a confession or In determining whether a confession or a statement may be used as evidence, a statement may be used as evidence, courts use the courts use the totality-of-the-totality-of-the-circumstances testcircumstances test..

In looking at the “whole picture,” all of In looking at the “whole picture,” all of the following factors are considered:the following factors are considered:

Suspect VulnerabilitiesSuspect Vulnerabilities Interrogating FactorsInterrogating Factors Place of QuestioningPlace of Questioning Use of the following safeguards…Use of the following safeguards…

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The Miranda RequirementsThe Miranda Requirements

The The Miranda Miranda RequirementsRequirements were were established by the U.S. Supreme established by the U.S. Supreme Court as part of the procedural Court as part of the procedural safeguards. safeguards.

They offer protection of the 5They offer protection of the 5thth amendment right to not incriminate amendment right to not incriminate oneself and…oneself and…

The 6The 6thth amendments right to counsel amendments right to counsel

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The suspect must be told of his or The suspect must be told of his or her right to remain silenther right to remain silent

That anything he or she says may That anything he or she says may be used against him or her in a be used against him or her in a court of lawcourt of law

That he or she is entitled to the That he or she is entitled to the presence of an attorney and presence of an attorney and

If he or she can not afford an If he or she can not afford an attorney one will be appointed to attorney one will be appointed to represent him or herrepresent him or her

The The Miranda requirementsMiranda requirements::

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When Miranda Warnings When Miranda Warnings are notare not RequiredRequired

Miranda warnings are not required if the Miranda warnings are not required if the person is not in custodyperson is not in custody

Miranda is not required when a person Miranda is not required when a person volunteers informationvolunteers information

This includes spontaneous declarationsThis includes spontaneous declarations General on-the-scene questioning as to General on-the-scene questioning as to

facts surrounding a crime or other facts surrounding a crime or other general questioning of citizens in the general questioning of citizens in the fact-finding process do not require a fact-finding process do not require a Miranda admonishmentMiranda admonishment

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Miranda is not required for investigative Miranda is not required for investigative detentions (stop and inquiry) based detentions (stop and inquiry) based upon reasonable suspicion to believe upon reasonable suspicion to believe that the person is committing, has that the person is committing, has committed or is about to commit a committed or is about to commit a crime.crime.

Miranda is not required in “ ordinary Miranda is not required in “ ordinary traffic stops”traffic stops”

Routine booking questions are exempt Routine booking questions are exempt from Miranda’s coveragefrom Miranda’s coverage

The Miranda warnings are not imposed The Miranda warnings are not imposed upon private persons who ask questions.upon private persons who ask questions.

When Miranda Warnings are not When Miranda Warnings are not Required cont..Required cont..

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When Miranda Warnings are When Miranda Warnings are not Required cont..not Required cont..

The Miranda requirements have The Miranda requirements have been held not to be applicable in been held not to be applicable in the following cases:the following cases: To offenders who are on probation To offenders who are on probation

or parole, such as sex offenders, or parole, such as sex offenders, etc. who are required to “be etc. who are required to “be truthful” or risk revocation.truthful” or risk revocation.

Undercover officers who are Undercover officers who are dealing with suspects & informantsdealing with suspects & informants

Probation or parole officerProbation or parole officer

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Public Safety RulePublic Safety Rule

NY v QuarlesNY v Quarles ““Where’s the gun?” caseWhere’s the gun?” case Officers do not need to Officers do not need to

admonish in cases of urgent admonish in cases of urgent public safety and…public safety and…

The statements can be used! The statements can be used!

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“ “Rescue Doctrine.” Rescue Doctrine.”

Similar to the “Public Similar to the “Public Safety” doctrineSafety” doctrine

““Where’s the Victim?” Where’s the Victim?” casescases

Focus is to save life, or Focus is to save life, or “rescue” a hostage, etc. “rescue” a hostage, etc.

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““Inevitable Discovery” Inevitable Discovery” DoctrineDoctrine

See Brewer v Williams, 430 U.S. 387, page See Brewer v Williams, 430 U.S. 387, page 217 of your text217 of your text

The text doesn’t include the “rest of the The text doesn’t include the “rest of the story” that although the court rejected the story” that although the court rejected the evidence obtained by the police evidence obtained by the police questioning, (this is also referred as the questioning, (this is also referred as the “Christian Burial” case), since search “Christian Burial” case), since search parties were closing in on where the parties were closing in on where the victim was found (dead), her body would victim was found (dead), her body would have “inevitably” been discovered…. have “inevitably” been discovered….

As a result, her body & other evidence was As a result, her body & other evidence was used against Williams.used against Williams.

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The Massiah LimitationThe Massiah Limitation

Once someone “INVOKES” their Once someone “INVOKES” their Sixth Amendment right to an Sixth Amendment right to an attorney, the police cannot attorney, the police cannot “violate” that right, by continuing “violate” that right, by continuing to question them.to question them.

Following two cases:Following two cases:Massiah v. United States (1964)Massiah v. United States (1964)Brewer v. Williams (1977)Brewer v. Williams (1977)

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The The BrutonBruton Rule Rule A A BrutonBruton violation occurs if a confession violation occurs if a confession

by one suspect is used against another by one suspect is used against another suspect unless the second suspect has an suspect unless the second suspect has an opportunity to cross-examine the source opportunity to cross-examine the source of the accusation against him or her.of the accusation against him or her.

This is usually found in cases where one or This is usually found in cases where one or the other of the suspects is in jail or the other of the suspects is in jail or prisonprison

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Try to get one of the suspects to Try to get one of the suspects to become a state witness and become a state witness and incriminate him or herself and the incriminate him or herself and the other suspectsother suspects

If the suspect does not want to If the suspect does not want to become a state witness, drop all become a state witness, drop all charges against the others and charges against the others and proceed to trial against that proceed to trial against that personperson

Alternatives to the Alternatives to the BrutonBruton Rule:Rule:

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Polygraph Test Results and Voice Polygraph Test Results and Voice Stress Analyzers as EvidenceStress Analyzers as Evidence

Persons charged or suspected of a crime Persons charged or suspected of a crime cannot be ordered to take a cannot be ordered to take a polygraph test (lie detector)polygraph test (lie detector) or VSA or VSA

Why? Why? Because such Because such compulsion would compulsion would

violate their Fifth Amendment violate their Fifth Amendment privilege against self-incriminationprivilege against self-incrimination..

Nor does a defendant charged with a Nor does a defendant charged with a crime have a right to take a polygraph crime have a right to take a polygraph or VSA test to prove his or her or VSA test to prove his or her innocence.innocence.