#1-2 PAPERS, 250 words/ two scholarly sources due 12/1!

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Worrall & Moore, Criminal Law and Criminal Procedure, 1e

Chapter 12

Interrogation and Identification Procedures

12.1

12.2

Describe why voluntariness is important in the confession/interrogation context.

Summarize how the Sixth Amendment impacts interrogations and confessions.

Explain Miranda v. Arizona and how it affects interrogations and confessions.

Understand when unconstitutional confessions are admissible in court to prove guilt.

CHAPTER OBJECTIVES

12.3

Distinguish between three identification procedures.

Summarize constitutional restrictions on identification procedures.

Explain the problem of witness misidentification.

Explain how the exclusionary rule operates in the identification context.

CHAPTER OBJECTIVES

Describe Why Voluntariness is Important in the Confession / Interrogation Context

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.1

Lecture Notes:

Due Process Rights

Interrogations

12.1

5th

Amendment

Federal

Government

14th

Amendment

State

Governments

Due Process Voluntariness Approach:

The requirement that

any confession be

VOLUNTARY

under the

“totality of the

circumstances”

12.1

Police

Behavior

Suspect

Characteristics

Psychological Pressure

Promises of Leniency

Deception

Length of Detention

Duration of Questioning

Intensity of Questioning

Deprivation of Access to Family, Friends, Nourishment, and Counsel

Whether Suspect Was Advised of His Rights

Disability

Immaturity

Intoxication

Fatigue

Pain

Age

Level Of Education

Familiarity With Criminal Justice System

Due Process Voluntariness Approach

12.1

Lawful

Interrogation

Due Process/Voluntariness

6th Amendment

Right to

Counsel

Miranda

Rights

Summarize How the Sixth Amendment Impacts Interrogations and Confessions

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.1

Deliberate Elicitation

When a police officer creates a situation likely to induce a suspect into making an incriminating statement

Formal Criminal Proceedings

Either a formal charge, a preliminary hearing, indictment, information or arraignment

6th Amendment Right to Counsel

The Sixth Amendment’s guarantee to counsel in all “formal criminal proceedings” is violated when the government “deliberately elicits” incriminating responses from a person

Explain Miranda v. Arizona and How it Affects Interrogations and Confessions

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.2

Miranda v. Arizona

12.2

Custody

Typically an arrest or when a person is otherwise deprived of freedom in a significant way

Interrogation

Express questioning or the functional equivalent of a question

Miranda Rights Only Need to Be Given in Custodial Interrogations

12.2

Custodial Situation

Arrest

Excessively Lengthy Confrontation

Not Free to Leave

Involuntary Encounter

Private Place, Such as a Police Station

Noncustodial Situation

Typical Traffic Stop

General On-the-Scene Questioning

Free to Leave

Voluntary Encounter

Private Place, Such as a Police Station

Miranda v. Arizona

Interrogation

12.2

If the Miranda warnings are not given adequately, then the police risk having a confession being thrown out of court.

Miranda rights can be waived. This means the suspect agrees to talk.

As a general rule, questioning must cease once the accused asserts his or her right to remain silent.

Suspects are not required to be advised of their Miranda rights when doing so could compromise public safety.

Miranda v. Arizona

Understand When Unconstitutional Confessions are Admissible in Court to Prove Guilt

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.2

Lecture Notes

12.2

When Unconstitutional Confession

Can be Used

Standing

One cannot exclude the confession of another

Impeachment

Admissible to impeach a witness

“Fruit of the Poisonous Tree”

Physical evidence may be admissible

Distinguish between Three Identification Procedures

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.3

Identification Procedure

Lineup

Suspect placed with

others

Showup

Suspect

brought to the

victim

Photographic

Array

Photos

shown to

witness

12.3

6.0’

5.0’

4.0’

3.0’

Suspect Lineup

Summarize Constitutional Restrictions on Identification Procedures

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.3

4th Amendment

5th Amendment

6th Amendment

14th Amendment

Protects from an unlawful search or seizure conducted for the purpose of securing an identification.

Technically, does not apply to identification procedures. This is true even if a suspect is asked to supply a voice exemplar, if this is done for the purpose of identification (and not a confession or admission).

Right to counsel exists in the context of making an identification but only in limited circumstances

(i.e. post-indictment lineups).

The due process clause always applies to identification procedures.

Identification Procedures

Explain the Problem of Witness Misidentification

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.3

“Double Blind”-

The person who conducts the lineup or photo spread should not be aware of which member of the lineup or photo spread is the suspect.

Eyewitnesses should be told that the suspect may not be in the lineup or photo spread and that the person administering the lineup does not know which person is the suspect.

The suspect should not stand out in the lineup or photo spread as being different from the distractors.

A clear statement should be taken from the eyewitness at the time of the identification and prior to any feedback.

4 Rules of Procedures to Prevent Witness Misidentification

Identification Procedures

Explain How the Exclusionary Rule Operates in the Identification Context

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcomes

12.3

Tainted

In-Court Identification

Identification

Resulting from an Improper Search and Seizure

12.3

Exclusionary Rule in the

Identification

Context

When identification procedures violate constitutional protections, the results from such procedures cannot be considered admissible in a criminal trial

An involuntarily obtained confession violates due process.

If the police deliberately elicit information from a person after formal criminal proceedings have begun, the charged individual has the Sixth Amendment right to have counsel present during questioning.

A confession will be thrown out if a suspect’s incriminating statement is a result of custodial interrogation in which the suspect was not advised of his or her constitutional right to have counsel present.

Unconstitutional confessions can still be admissible in court. Specifically, they can be used to impeach the witness.

CHAPTER SUMMARY

12.1

12.2

Identification procedures are of three types: (1) lineups, (2) showups, and (3) photographic identifications or arrays.

All identification procedures are bound by the Due Process Clause of the 14th Amendment. The Sixth Amendment right to counsel can also apply in lineups and showups.

Witnesses are prone to mistaken identification. Various procedures have been developed to improve identification procedures. Two recent examples include double-blind lineups and virtual officer lineups.

If an in-court identification is tainted by an improper out-of-court identification, it will be inadmissible. Similarly, if an identification takes place following the illegal arrest and/or search of a suspect, it can be excluded, as well.

CHAPTER SUMMARY

12.3