Miranda flowchart - Lecture notes 1 PDF

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Summary

This class was taught by professor Wicka, she was a lawyer before she became a criminal justice professor....

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INTERROGATION FLOWCHART Was the Confession Voluntary?

Was the Suspect in “Custody” Test: “Reasonable person feels free to leave”

NO

Yes Did probable cause exist and was the arrest reasonable (warrant & use of force)?

No need for Miranda and statements are NOT suppressed

Yes

NO

WAS THERE AN “INTERROGATION” or “FUNCTIONAL EQUIVOLENT OF AN INTERROGATION?”

Bad Arrest = all statements made during arrest are suppressed.

No Yes Must Read Miranda

No need for Miranda and statements are NOT suppressed

BUT

Was there a valid & voluntary waiver?

No =

Yes = can question

CANNOT question

Make sure you know which rights were waived (5th amm right to remain silent or 6th amm right to an attorney)...