“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Seven: Confessions and the 5 th Amendment This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Marjie Britz

“ Copyright © Allyn & Bacon 2008 The Fifth Amendment The Fifth Amendment Protections of 5 th Amendment: Protections of 5 th Amendment: grand jury system: in which private citizens serve as criminal justice “gatekeepers” grand jury system: in which private citizens serve as criminal justice “gatekeepers” double jeopardy: prohibits trying of an individual more than once for the same crime (in the same court). double jeopardy: prohibits trying of an individual more than once for the same crime (in the same court).

“ Copyright © Allyn & Bacon 2008 The Fifth Amendment The Fifth Amendment Protections of 5 th Amendment: Protections of 5 th Amendment: right to due process generally protected citizens from the possibility of an oppressive federal government and the right to procedural certainty right to due process generally protected citizens from the possibility of an oppressive federal government and the right to procedural certainty the freedom from arbitrary seizures of personal property (impressment of personal property) the freedom from arbitrary seizures of personal property (impressment of personal property)

“ Copyright © Allyn & Bacon 2008 Self-Incrimination Self-Incrimination The freedom from self-incrimination protects people from compulsory testimony where such testimony may be incriminating. The freedom from self-incrimination protects people from compulsory testimony where such testimony may be incriminating.

“ Copyright © Allyn & Bacon 2008 Miranda Miranda v. Arizona (1966): no statement which stemmed from the custodial questioning of a suspect by law enforcement officials, could be introduced unless the state demonstrated that procedural safeguards to secure the 5 th Amendment’s privilege against self- incrimination were taken

“ Copyright © Allyn & Bacon 2008 Miranda Miranda warning: Accused has… Miranda warning: Accused has… The right to remain silent The right to remain silent Anything they say may be used against them Anything they say may be used against them They have the right to an attorney (before and) during the interrogation process They have the right to an attorney (before and) during the interrogation process an attorney will be appointed to them if they can not afford to hire one an attorney will be appointed to them if they can not afford to hire one

“ Copyright © Allyn & Bacon 2008 Public Safety Exception Miranda warnings are not necessary in cases in which three characteristics are present 1) an urgent need exists in which no other possibility abounds; 2) there is a possibility to save human life; and, 3) the primary motive of the interrogator is rescue Miranda warnings are not necessary in cases in which three characteristics are present 1) an urgent need exists in which no other possibility abounds; 2) there is a possibility to save human life; and, 3) the primary motive of the interrogator is rescue

“ Copyright © Allyn & Bacon 2008 Sequential Interrogations Just as Miranda attaches to all custodial situations in which special circumstances are not present, it also applies to all interrogations, partial or comprehensive, which are attempted during the custodial period Just as Miranda attaches to all custodial situations in which special circumstances are not present, it also applies to all interrogations, partial or comprehensive, which are attempted during the custodial period

“ Copyright © Allyn & Bacon 2008 Co-Defendant’s Confessions Statements made by co-conspirators/co- defendants are permissible only when Statements made by co-conspirators/co- defendants are permissible only when corroboration; and corroboration; and 1. s/he takes the stand during the trial 2. the two parties are tried separately 3. references to the defendant are omitted from the testimony; or 4. the charges against the defendant are dropped Violations of the rule are called Bruton violations Violations of the rule are called Bruton violations

“ Copyright © Allyn & Bacon 2008 Constraints on Law Enforcement Officers in U.S. are prohibited from extracting confessions through the use of physical torture. Officers in U.S. are prohibited from extracting confessions through the use of physical torture. In some cases, they are permitted to collect confessions through a variety of deceptive strategies, including the issuance of promises, threats, and lies. In some cases, they are permitted to collect confessions through a variety of deceptive strategies, including the issuance of promises, threats, and lies.

“ Copyright © Allyn & Bacon 2008 Where 5 th Amendment does not apply Blood / field sobriety test evidence Blood / field sobriety test evidence Compulsory participation in identification procedures (lineups and videotaped recordings) booking information. Compulsory participation in identification procedures (lineups and videotaped recordings) booking information. Examinations (hair, fingerprint, DNA) Examinations (hair, fingerprint, DNA)