Miranda Flowchart
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MIRANDA FLOWCHART CUSTODY ADVICE OF RIGHTS (REASONABLE) KIV WAIVER ADMISSABLE CONFESSION INTERROGATION KNOWN STATE ACTOR? SEEKING TESTIMONIAL EVIDENCE? INHERENT COMPULSION INVOCATION (UNAMBIGUIOUSLY SILENCE ? COUNSEL SCRUPULOUSLY HONORED? DISP EL Factors: How long did the police cease interrogation? Did they re-Mirandize defendant? When they returned, did they come back to talk about the same or a different crime? COUNSEL PRESENT? DID THE DEFENDANT RE-INITIATE HIS RIGHTS? WAS THE DEFENDANT ADVISED OF HIS RIGHTS? OR OR KNOWING INTELLIGENT VOLUNTARY IMPLIED? 1. ADVISE 2. UNDERSTANDING 3. CONDUCT INDICATING WAIVER QUALIFIED?
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MIRANDA FLOWCHART
Transcript of Miranda Flowchart
MIRANDA FLOWCHARTQUALIFIED?IMPLIED?1. ADVISE2. UNDERSTANDING3. CONDUCT INDICATING WAIVERORORDID THE DEFENDANT RE-INITIATE HIS RIGHTS?WAS THE DEFENDANT ADVISED OF HIS RIGHTS?Factors: How long did the police cease interrogation? Did they re-Mirandize defendant? When they returned, did they come back to talk about the same or a different crime? Did the officers who came back know about the earlier assertion of silence?
SILENCE?SCRUPULOUSLY HONORED?COUNSEL PRESENT?KNOWING INTELLIGENT VOLUNTARYKIV WAIVERCOUNSELINVOCATION(UNAMBIGUIOUSLY)ADVICE OF RIGHTS (REASONABLE)DISPEL
ADMISSABLECONFESSIONINHERENT COMPULSIONKNOWN STATE ACTOR?SEEKING TESTIMONIAL EVIDENCE?CUSTODYINTERROGATION
