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Criminal Procedure Week 6

by: Arielle Reiner

Criminal Procedure Week 6 LEGLST1141

Marketplace > University of Pittsburgh > Legal Studies > LEGLST1141 > Criminal Procedure Week 6
Arielle Reiner

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About this Document

Self incrimination
Intro to Criminal Procedure
Judge David S Cercone
Class Notes
25 ?




Popular in Intro to Criminal Procedure

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This 3 page Class Notes was uploaded by Arielle Reiner on Tuesday October 4, 2016. The Class Notes belongs to LEGLST1141 at University of Pittsburgh taught by Judge David S Cercone in Fall 2016. Since its upload, it has received 4 views. For similar materials see Intro to Criminal Procedure in Legal Studies at University of Pittsburgh.


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Date Created: 10/04/16
10/04/2016 ▯ For the exam-  True false  Matching  Multiple Choice  Know the name of the case and the holding of the case ▯ ▯ Privilege against self-incrimination  No person shall be compelled in any criminal case to be a witness against himself  This is consistent with our notion of “burden of proof” because the burden is always on the government, not the defendant o If the government were to force a defendant to testify in an incriminating way, that is using the defendant against him/herself o Jury is instructed not to infer any thoughts of guilt upon a defendant because he or she refused to testify  The only time a person has to answer government questions is when they are under subpoena o Then, you may or may not be covered under the fifth amendment depending on the types of questions asked and whether or not they are incriminating to yourself (does the answer to the question furnish a link in the chain that would link you to the crime?) o Police can detain you in a Terry stop (Terry vs. Ohio) but you don’t have to talk o You cannot take the fifth amendment when the government asks you a question about anyone but yourself ▯ It’s different when a witness takes the fifth from when the defendant takes the fifth at their own trial  A defendant in a criminal trial cannot be compelled to take the witness stand  If a defendant decides to testify, as soon as they take the witness stand, they forfeit their right to not self incrimination (they have to answer all of the questions)  A witness cannot avoid being subpoenaed and being summoned to the witness stand o However, they don’t have to answer questions that could incriminate themselves o It’s a question of whether a defendant would suffer taking the fifth in front of a jury whereas the witness is not on trial so if they plead the fifth, it might not influence the jury ▯ What type of evidence is protected by the fifth amendment?  If the government at trial seeks to introduce the defendant’s DNA as part of their case that was found at the scene of the crime, it is not covered by the fifth amendment  For evidence to be covered, there are 3 components: o The evidence has to be testimonial  The founding fathers included this is the constitution to protect people from the government compelling confessions out of people  DNA is physical evidence o The evidence has to be compelled o The evidence has to be incriminating ▯ Hoffman vs. US  Any testimony that might furnish a link in the chain of evidence leading to the witness’s prosecution  Courts look broadly at a question so se whether or not it asks incriminating questions ▯ If a defense attorney asks a witness a question and they refuse to answer because it would incriminate themselves but the attorney is sure that it would not, the judge has to take the witness aside and listen to in in private (in camera)  If a witness is ordered to answer a question and they still refuse, they will be held in contempt of court ▯ The government is not allowed to penalize any individual who takes the fifth amendment ▯ The government can promise that they won’t prosecute the witness (immunity) if they testify ▯ Immunity  Use- the government will not use the witness’s testimony or any evidence that they get by using the witness’s testimony against the witness  Transactional- a promise that the government is not going to prosecute the witness for the criminal activity that the witness is incriminating himself about even if they have independent evidence ▯ Miranda vs. Arizona  Rights must be read to someone before they are subject to custodial interrogation o Right to remain silent o Must know that whatever they say can be used against them as evidence th o Right to counsel whether or not they can afford it (6 amendment)  If someone is in police custody and they confess on their own before they are mirandized them, their confession can be used  The supreme court said that anyone who is under arrest and subject to police interrogation is in an “inherently coercive condition” and any confession given in these circumstances without being aware that they have rights are unconstitutional  Police can ask questions if not having the answer is a public safety issue or a question of someone’s safety o The answer to that question is also allowed to be used as evidence  Any interrogation going on must stop instantly as soon as the suspect says they want to speak to a lawyer o The suspect must explicitly state that they want a lawyer present ▯ Confessions must be voluntary  The question of the voluntariness of the confession will be raised in a suppression hearing o The confession must be the product of the defendant’s own free and rational choice which is based upon the totality of the circumstances ▯ ▯


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