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Chapter 12Chapter 12

Obtaining Statements and Obtaining Statements and Confessions for use as Confessions for use as

EvidenceEvidence

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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

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

This requirement originated in England This requirement originated in England and was developed solely and was developed solely “to protect “to protect the defendant against the 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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The federal courts and some state The federal courts and some state courts have a modified version of the courts have a modified version of the rule called the “trustworthiness rule called the “trustworthiness doctrine.”doctrine.”

The corroborating evidence must The corroborating evidence must establish trustworthiness of a establish trustworthiness of a confession.confession.

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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 unconstitutional, per se. The by police are unconstitutional, per se. 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 threats, processes, Use of threats, processes,

deceptions, lies, or trickerydeceptions, lies, or trickery

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The use of deceptions or lies does The use of deceptions or lies does not automatically make a confession not automatically make a confession involuntary.involuntary.

Explicit promise of leniency in Explicit promise of leniency in exchange for a confession is, exchange for a confession is, however, usually considered an however, usually considered an involuntary confession.involuntary confession.

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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 Amendment right to counsel Amendment 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 silent,her 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 law,court 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 her.represent 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 custody.person is not in custody.

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

This includes spontaneous declarations.This 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 admonishment.Miranda 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 coverage.from 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.)

Miranda warnings are not required Miranda warnings are not required when border agents question aliens when border agents question aliens seeking admission to the U.S.seeking admission to the U.S.

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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 and dealing with suspects and informantsinformants

Probation or parole officerProbation or parole officer

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In In U.S. v. Gonzales-LaurenU.S. v. Gonzales-Lauren, the court , the court held that investigators did not violate held that investigators did not violate the defendant’s Fifth Amendment the defendant’s Fifth Amendment rights when they intentionally rights when they intentionally delayed giving Miranda warnings delayed giving Miranda warnings until after showing all the evidence until after showing all the evidence linking the individual to murder.linking the individual to murder.

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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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When Does A Person Have A When Does A Person Have A Right To An Attorney?Right To An Attorney?

At any time, but only two situations At any time, but only two situations where the government cannot where the government cannot proceed unless a person has an proceed unless a person has an attorney or has waived the right to attorney or has waived the right to one:one:1. During custodial interrogations1. During custodial interrogations

2. After formally charged with or indicted 2. After formally charged with or indicted for a crime(s)for a crime(s)

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Practices Required by State Practices Required by State Law, Court Decision or Law, Court Decision or

Established Practices for Right Established Practices for Right to an Attorneyto an Attorney Persons held by law enforcement typically Persons held by law enforcement typically

are allowed at least one phone call, are allowed at least one phone call, usually to secure counsel.usually to secure counsel.

An attorney may be present at a bail An attorney may be present at a bail hearing or a lineup appearance.hearing or a lineup appearance.

An attorney’s presence may be requested An attorney’s presence may be requested during a grand jury hearing, but the during a grand jury hearing, but the attorney is not allowed in the hearing attorney is not allowed in the hearing chambers.chambers.

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Right to an Attorney (Cont.)Right to an Attorney (Cont.)

An individual has the right to an An individual has the right to an attorney once a criminal case attorney once a criminal case commences, even if no decision has commences, even if no decision has been made to prosecute (been made to prosecute (Rothgery v. Rothgery v. Gillespie CountyGillespie County, 2008)., 2008).

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Silence, Miranda, and Silence, Miranda, and ImpeachmentImpeachment

The prosecution cannot later use the The prosecution cannot later use the fact of invoking the Fifth Amendment fact of invoking the Fifth Amendment as proof of substantive guilt or for as proof of substantive guilt or for purposes of impeachment, becausepurposes of impeachment, because

““Drawing meaning from silence” is a Drawing meaning from silence” is a violation of due process.violation of due process.

See See U.S. v. Caruto, U.S. v. Caruto, 99thth Cir. 2008. Cir. 2008.

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““Inevitable Discovery” Inevitable Discovery” DoctrineDoctrine

See See Brewer v. WilliamsBrewer v. Williams, 430 U.S. 387, , 430 U.S. 387, page 217 of your text, also referred to as page 217 of your text, also referred to as the “Christian Burial” case.the “Christian Burial” case.

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

As a result, her body and other evidence As a result, her body and other evidence was used against Williams.was 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 to violate that right by continuing to question them.question them.

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

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

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

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

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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 suspects.other 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 person.person.

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.