Interrogation

Police do not inform suspect of lawyers availability.

What is the significance of this omission?
Moran V. Burbine (1986)- Interrelationship of 5
th
and 6
th
Amendments.
-Due process rights
-When a suspect doesnt have an attorney at their side it is more likely they will say
something incriminating.
Interrogation in hospital
Chavez V. Martinez (2003)
No 5
th
Amendment violation
Juveniles
In re Gault (1967)-Made obscene phone calls and was convicted, they failed on the due
process rights and it was revoked.
Fare V. Michael C. (1979)- no 5
th
amendment violation
Yarborough v. Alvarado (2004)-A 17 year old is taken to the police station by his parents
and while he is there he admits to being involved in a crime. Based on that he is
suspected of second degree murder and more. Q: Whether juvenile was in custody at
police station. What sort of contextual evidence should be used to decide if a person is in
custody?
No special treatment because of age
J.D.P. v. North Carolina (2011) - Students must receive Miranda warnings if questioned.
Overturning Miranda?
Dickerson v. U.S. (2000)- The supreme court said that Miranda was a constitutional rule
and that congress could not change a constitutional rule by legislation. Miranda was
upheld.
Berghuis v. Thompkins (2010) - Suspect must invoke right to remain silent. Silence
during interrogation- did not invoke his right to remain silent. Do you pray to God to
forgive you for shooting that boy? Thompkin replied yes after 3 hours of silence.
Searches and bodily Integrity
Rochin V. California (1952)
Famous stomach pump case
Conduct that shocked the conscience
Based on due process clause, not 5
th
Amendment
Searches
What constitutes and unreasonable search?
Mapp v. Ohio (1961) The Exclusionary rule (Evidence that is illegally obtained) 6-3
Decision for Mapp.
- Does the exclusionary rule prevent police misconduct? What are the arguments
for and against it?
U.S. v. Leon (1984) The good faith exception- The police rely on good faith on a
warrant that they believe is valid. The evidence can be used, which normally would be
excluded because the warrant was invalid.
Winston v. Lee (1985)- surgical search. Does that go against the 4
th
amendment?
Castle Rock V. Gonzales
Juries
1. Function: finding the facts versus applying the law.
They are ways for the people to fight the activities of the government.
Independence of the Jury
Directed verdict- Before the jury makes the verdict
Judgment notwithstanding the verdict- the party wants the verdict aside. This is after
the verdict has been given.
Trial of William Penn (1670)
Compare to Throckmorten case (1554)
John Peter Zenger case (1735)- Leading case for freedom of the press. Seditious libel
charge against Zenger.
Right to a trial by Jury
Early textual bias: magna Carta (1215), Clause 39
U.S. Constitution
Article III
5
th
Amendment- Requires an indictment by a grand jury
6
th
Amendment- Requires a speedy, public trial
7
th
Amendment- Allows trial by jury in civil matters.
U.S. Supreme Court view of the right to a trial by Jury
Duncan V. Louisiana (1968) No Jury trial because Louisiana only provided one if the
penalty could be hard labor of capital punishment. The 6
th
Amendment right is
proratedated and binding on the states. The U.S. Supreme Court held that the jurys
function
Jury Selection
Pool- DMV, voter rolls, local census lists, taxpayers
Voir dire
Bases for removal: cause and peremptory challenges
Potential misuse of peremptory challenged