Crim Pro outline
Criminal Procedure
1-15-14
Chapter 2. Confessions and Interrogations
A. Voluntariness of Confessions
-based on the 14th amendment that contains both the Privileges and Immunities Clause, DPC (Due Process Clause) and the EPC (Equal Protection Clause).
Whether the accused’s will was overborne at the time he confessed?
Ct. look at a totality-of-the circumstances analysis-
1. The conditions of the interrogation
a. Use of force or threat
b. Promise of favor
c. Deception or trickery regarding the facts
d. Deception regarding rights
e. Isolation
f. Disregard of necessities of life, such as food or sleep
g. Deprivation of counsel, if required
h. Illegal detention
i. No warnings regarding rights, if required
j. Taking advantage of a vulnerable suspect
2. The characteristics of the suspect
a. Age
b. Education
c. Mental capacity
d. Experience/familiarity in the criminal justice system
e. Physical and mental state
i. While a susceptible mental condition of the person is a factor to be weighed in the balance, suppression is appropriate only where it can be demonstrated that the police exploited that condition by means of coercion and that the confession resulted from the exploitation
Challenging a confession under the voluntariness standard therefore requires a showing that:
The police subjected the suspect to coercive conduct AND
The conduct was sufficient to overcome the will of the suspect (incorporates totality-of-the circumstances analysis)
*the more vulnerable the suspect, the more likely that a confession obtained by police will be suppressed*
Brown v. MS, U.S. (1936) (C.J. Hughes) (p 21)
Facts: The Defendants were found guilty and sentenced to death for the murder of Raymond Stewart. The Defendant’s Counsel moved for a “new trial’ at the Supreme Court of the State (MS) claiming that the evidence was inadmissible because it violated the DPC of the 14th Amendment. The Defense Counsel asserted that the (1) confession was procured
1-15-14
Chapter 2. Confessions and Interrogations
A. Voluntariness of Confessions
-based on the 14th amendment that contains both the Privileges and Immunities Clause, DPC (Due Process Clause) and the EPC (Equal Protection Clause).
Whether the accused’s will was overborne at the time he confessed?
Ct. look at a totality-of-the circumstances analysis-
1. The conditions of the interrogation
a. Use of force or threat
b. Promise of favor
c. Deception or trickery regarding the facts
d. Deception regarding rights
e. Isolation
f. Disregard of necessities of life, such as food or sleep
g. Deprivation of counsel, if required
h. Illegal detention
i. No warnings regarding rights, if required
j. Taking advantage of a vulnerable suspect
2. The characteristics of the suspect
a. Age
b. Education
c. Mental capacity
d. Experience/familiarity in the criminal justice system
e. Physical and mental state
i. While a susceptible mental condition of the person is a factor to be weighed in the balance, suppression is appropriate only where it can be demonstrated that the police exploited that condition by means of coercion and that the confession resulted from the exploitation
Challenging a confession under the voluntariness standard therefore requires a showing that:
The police subjected the suspect to coercive conduct AND
The conduct was sufficient to overcome the will of the suspect (incorporates totality-of-the circumstances analysis)
*the more vulnerable the suspect, the more likely that a confession obtained by police will be suppressed*
Brown v. MS, U.S. (1936) (C.J. Hughes) (p 21)
Facts: The Defendants were found guilty and sentenced to death for the murder of Raymond Stewart. The Defendant’s Counsel moved for a “new trial’ at the Supreme Court of the State (MS) claiming that the evidence was inadmissible because it violated the DPC of the 14th Amendment. The Defense Counsel asserted that the (1) confession was procured