Interrogations and Confessions

1
Interrogations and Confessions

• FIFTH AMENDMENT
• No person shall be compelled in any criminal
  case to be a witness against himself.

2
Interrogations and Confessions

• Constitutional Implications
• 4th Exclusionary rule
• 5th Privilege against self incrimination
• 6th Right to Counsel
• 5th Federal Due Process
• 14th State Due Process

3
Confessions

• Need to Voluntary
• So that they can be considered trustworthy
• Incriminating statements elicited during
  consensual investigative techniques are always
  admissible

4
Three Phases of a Criminal Case

• Investigative Questioning
• Custodial Interrogation
• Prosecutorial

5
Torture

• Violates the Free Voluntary Rule
• Confessions or inculpatory statements obtained by
  law enforcement by coercion in violation of the
  free voluntary rule will be suppressed to
• Protect against convictions using unreliable
  evidence
• Preserve the suspects freedom of choice
• Deter PO from intolerable interrogation tactics

6
Two Part Voluntary Test

• Part One Source of Pressure (Has the government
  exerted pressure sufficient to exclude
  voluntariness)
• Beatings guns to the head are coercive and not
  voluntary
• Part Two What impact did this pressure have on
  the suspect

7
Less Coercive Means

• Necessitate and examination of the totality of
  the circumstances
• Pressure exerted by the police
• Suspects degree of susceptibility
• Conditions in which the interrogation took place

8
The Ultimate Coercive Interrogation
9
Pressure exerted by the police

• Torture, beatings, and the gun to the head are
  inherently coercive and are not allowed
• Coercion Can Also Include
• Threats
• False Promises
• Trickery
• Deceit
• Psychological Coercion
• Angry Lynch Mob
• Arresting Innocent Members of the Suspects Family
• Taking Children Away
• Promising Confession Will Prevent Prosecution
• Promising Leniency when PO is unable to affect
  outcome
• PO is allowed to make truthful representations
  about suspects legal predicament
• PO can tell suspect his cooperation will be
  mentioned to the prosecutor
• PO can tell suspect he will encourage the
  prosecutor to be lenient
• CONFESSIONS MUST BE PROVEN VOLUNTARY BY A
  PREPONDERANCE OF THE EVIDENCE

10
Suspects Degree of Susceptibility
11
Conditions Under Which the Interrogation Took
Place
12
4th Amendment Exclusionary Rule

• If Search is Unconstitutional
• If Arrest is Unconstitutional
• If Investigative Stop is Unconstitutional
• Then confession is excluded and any evidence
  which is fruit of the poisonous tree will be
  excluded

13
Compulsory Self Incrimination

• No person shall be compelled in any criminal
  case to be a witness against himself
• Testimonial evidence is controlled by the 5th
  Amendment
• The right of the people to be secure in their
  persons against unreasonable searches shall
  not be violated
• Physical Evidence is controlled by the 4th
  Amendment and is frequently admissible against
  the interests of an arrestee/defendant

14
4th Amendment Protection Against Unreasonable
Searches Self Incrimination

• Three areas which could impact a courts finding
  that evidence seized from an arrestees person or
  physical appearance was obtained in an
  unreasonable manner
• Bodily movement
• An arrest must be constitutional
• Bodily privacy
• Thing to be seized in search must be publicly
  viewable, cannot view naked body for evidence
• Body Integrity Blood
• What was the reason for initial seizure or any
  additional seizures

15
Testimonial Self Incrimination

• Perjury v. Contempt
• Also applicable outside of a court room in police
  interrogations
• Right to remain silent
• Privilege against answering self incriminating
  questions
• Individuals have the right ANYWHERE not to answer
  questions that would tend to incriminate

16
Grand Jury

• You are compelled to appear under penalty of
  contempt
• Any question which might have a tendency to
  incriminate you do not have to answer

17
Testimonial Self Incrimination

• Does not extend to that which was made
  voluntarily before criminal activity became
  apparent
• Journals
• Writing
• Records
• Subpoena Deuces Tecum
• Used to compel the production of certain items
• Challengeable because production could eventually
  lead to evidence of crime.

18
Compelling Testimonial Evidence

• Must create a risk of being convicted of a crime.
• Already tried for the crime convicted or
  acquitted
• Absolute or Transactional Immunity
• Use immunity
• Binding on State and Federal prosecutions

19
Invoking 5th Amendment Right

• Defendant's decision not to testify is final and
  cannot be used against him/her
• Taking the witness stand revokes the privilege
• Jury cannot be told defendant invoked the
  privilege
• 5th Amendment Privilege does not extend to other
  types of proceedings

20
Appearance and Body Evidence

• Exposed to public scrutiny
• Handwriting
• Photos
• Fingerprints
• Voice Samples
• Field Sobriety Tests
• Evidence not seized in a reasonable manner
• Naked body
• Blood samples
• Surgically removed bullet
• DNA samples

21
Compulsory Production of Appearance Evidence

• During Terry Stop
• Transport a short distance for show-up
• Never to police station
• Fingerprints and/or photos OK
• Illegal arrest taints appearance evidence

22
Intrusive Body Searches

• What is reasonableness for 4th Amendment Searches
  below a suspects skin surface
• Government need for evidence exceeds the
  intrusive nature into suspects privacy or bodily
  integrity
• Clear indication desired evidence will be found
• Search warrant or exigent circumstances
• Procedure to retrieve Evidence is reasonable and
  the procedure is performed in a reasonable manner

23
SW Requirement

• Penetrating the bodys surface
• Saliva, urine, semen or pubic hair samples
• Other bodily tissue or fluids
• Manually inspecting rectal or genital cavities
• Anything which would cause sever pain or
  discomfort
• Rick to health
• Intensive humiliation

24
Exigent Circumstances

• Blood, breath or urine samples in DUI cases
• Gunshot residue test
• Reaching into mouth (mouth is not a sacred
  orifice)
• Stomach pumping is OK if less intrusive means are
  not available
• Strip Searches and body cavity searches must be
  based on the reasonable suspicion that search
  will produce drugs, weapons, or contraband (In
  Illinois controlled by Statute)