SPA-220 FA4 Lecture Notes - Lecture 3: Miranda Warning, Exclusionary Rule, Misdemeanor
13 Dec 2016
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10/11/16
The Rights of the Criminally Accused, Part—Self-Incrimination
TEXTBOOK 611-634:
• 5th self-iiiatio lause: No peson shall be compelled in any criminal case to be a witness against
hiself’
o Violated by 2 elements:
▪ There must be some form of testimonial evidence that incriminates the person who
provides it
▪ The testimonial evidence must somehow be compelled by the government
o Protection against clause applies in 2 situations:
▪ No person may be forced to give testimony in any court case/hearing in which the
truthful answering of questions will implicate the witness in a criminal act
• May decline to answer any question s that would lead to self-incriminating
answers
• Exempt from testifying at all & no inferences of guilt may be made on the basis
of a defedat’s deisio ot to speak i out
▪ Police interrogation of suspects prior to trial
• Police must be able to ask questions during the investigation but disputes may
arise if their interrogations tactics involve compulsion
▪ Exceptions
• Exclusionary Rule
o Protect from torture
o Polie a’t i y heatig
COURT CASE: Escobedo v Illinois (5-4)
• Escobedo accused of murder
o Brother fatally shot in a Chicago alley
o Became a suspect
o Cie otiated y othes’ log histoy of ausig Gae, his siste
• All suspects taken in to custody for questioning
o DiGerlando told police that Escobedo had fired the fatal shots
▪ Where cops arrested him and began a lengthy interrogation
▪ Polie told Esoedo that his attoey did’t at to eet hi ee tho he aied &
asked for him
▪ Convicted of murder
o Escobedo appealed and argued that his rights have been violated
▪ Environment surround interrogation = overwhelming & w/o having his attorney present
Escobedo broke down & made incriminating statements
• Incriminating statements could be considered the product of coercion in
violation of the 5th amendment
o Ruled that his statements had been compelled
▪ Coercion may take place even if overt physical/psychological pressure is not present
▪ Escobedo was freed
COURT CASE: Miranda v. Arizona
• FACTS:
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