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Miranda Flowchart

This document outlines the Miranda flowchart for determining the admissibility of a confession obtained during a custodial interrogation. It shows that an interrogation by a state actor seeking testimonial evidence must include advising the defendant of their rights, obtaining a knowing, intelligent, and voluntary waiver of those rights, and scrupulously honoring any invocation of silence or request for counsel. Factors are considered to determine if invocation was honored.

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Ronnie Barcena Jr.
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1K views

Miranda Flowchart

This document outlines the Miranda flowchart for determining the admissibility of a confession obtained during a custodial interrogation. It shows that an interrogation by a state actor seeking testimonial evidence must include advising the defendant of their rights, obtaining a knowing, intelligent, and voluntary waiver of those rights, and scrupulously honoring any invocation of silence or request for counsel. Factors are considered to determine if invocation was honored.

Uploaded by

Ronnie Barcena Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MIRANDA FLOWCHART

CUSTODY ADVICE OF RIGHTS (REASONABLE) KIV WAIVER ADMISSABLE


CONFESSION
INTERROGATION
KNOWN
STATE
ACTOR?
SEEKING
TESTIMONIAL
EVIDENCE?
INHERENT
COMPULSION
INVOCATION
(UNAMBIGUIOUSLY)
SILENCE? COUNSEL
SCRUPULOUSLY
HONORED?
Factors:
How long did the police cease
interrogation?
Did they re-Mirandize defendant?
When they returned, did they come back to
talk about the same or a different crime?
Did the officers who came back know about
the earlier assertion of silence?

COUNSEL
PRESENT?
DID THE DEFENDANT
RE-INITIATE HIS
RIGHTS?
WAS THE DEFENDANT ADVISED OF HIS
RIGHTS?
OR
OR
KNOWING
INTELLIGENT
VOLUNTARY
IMPLIED?
1. ADVISE
2. UNDERSTANDING
3. CONDUCT INDICATING WAIVER
QUALIFIED?

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