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Criminal Procedure
University of Dayton School of Law
Brenner, Susan W.

Criminal Procedure Outline
Brenner/Fall 06’

3 Standards for Interrogation

Due Process Voluntariness Test
Miranda Rights
6th Amendment/ Massiah Rights

“The Due Process clause requires that state action shall be consistent with the fundamental principle of liberty an justice which lie at the base of all of our civil and political institutions”.


Do we have coercive police conduct? Or State action?

-In other words, did they do anything to get a confession? Did they take a shot, make an effort, try? If YES, go to #2.

2. Did the police overbear the will of with the interrogation? Or was the will overborne?
-In other words, did they go too far?

-Look at Character of suspect and susceptibility from their character. I.E. age, health, education level, etc.

-Look at Police tactics, “what did they do or not do”, i.e. torture, promises of leniency, etc.

-Look at Context, i.e. time, sleep deprivation, food, relay questioning, etc.

-After looking at each of these, was their will overborne? If so they have violated rights under this test. You always have this test. Look at if the police took a shot?

-There must be coercive police conduct, you aren’t protected form yourself and foolish statements you make voluntarily.

Miranda Rights

“The Miranda warning is a police warning that is given to criminal suspects in police custody in the United States before they are asked questions relating to the commission of crimes. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. Compulsory confessions will not constitute admissible evidence unless suspects have been made aware of and waived their “Miranda rights”.
The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspect’s Fifth Amendment right to avoid coercive self-incrimination (see right to silence). However, since its creation by the Warre


The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with an attorney and to have that attorney present during interrogation, and that, if he is indigent, an attorney will be provided at no cost to represent him.

-B/c Miranda is triggered by the police if one isn’t aware that they’re being questioned by police, Miranda cannot protect them from themselves.

Because Miranda only applies to custodial interrogations, it does not protect detainees from standard booking questions: name, date of birth, address, and the like. Because it is a prophylactic measure intended to safeguard the Fifth Amendment privilege against self-incrimination