AJ 4 Lecture Notes - Lecture 9: Exclusionary Rule, Miranda Warning, Perjury

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Jeff Koo
AJ 4
Criminal Law
Fall 2018
4 Units
Interrogation
The Miranda Warning
1996 Miranda v Arizona: have a right to refuse questioning, right to grand jury, protected
from double jeopardy, due process guarantees the right to fundamental fairness and the
expectation of fair trials, hearings, and similar procedural safeguards.
The suspect must state that he intends to remain silent.
It can be waived but must be understood first. Once a suspect asks for an attorney all
question must stop. Unless the suspect has been released from custody for two weeks.
Police can also question for a different crime still stating the warning.
Miranda warning: the requirement that when a person is custodially interrogated, police inform
the individual of the right to remain silent, the consequences of failing to remain silent, and the
constitutional right to counsel.
The Miranda Rule Today
If a defendant perjures himself, the government to impeach his testimony during trial can
use evidence obtained in violation of the Miranda warning.
At trial, the testimony of a witness is permissible even though the defendant in violation
of the Miranda rule revealed her identity.
The Impact of Miranda
Enforcement was concerned with the length of providing defendants with procedural
protection. Has had no affect on convictions or confessions. Now officers are in favor of
it.
Pretrial Identification
Booking: the administrative record of an arrest, listing the offender’s name, address, physical
description, DOB, employer, time of arrest, offense, and name of arresting officer; it also
includes photographing and fingerprinting of the offender.
Lineup: placing a suspect in a group for the purpose of being viewed and identified by a witness.
U.S. v Wade: accused has the right to have counsel present at the post indictment lineup
or in a show up not in photos
Neil v. Biggers 1972: the opportunity of the witness to view the criminal at the time of the
crime, the degree of attention by the witness and the accuracy of the prior description by
the witness, the level of certainty demonstrated by the witness and the length of time
between the crime and the confrontation.
The Exclusionary Rule
Exclusionary rule: the principle that prohibits using illegally obtained evidence in a trial.
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