Fifth and Sixth Amendment Rights: Self-Incrimination and Confessions

Confessions and Self-Incrimination Protections

Fifth Amendment: Self-Incrimination

Any person in any proceeding may refuse to answer if it might incriminate them. Limitations:

• The privilege against self-incrimination does not apply to the compulsory disclosure of documents.
• It protects compelled testimony, not physical evidence (e.g., blood, writing samples, voice exemplars, hair samples).

The privilege is eliminated if:

• A grant of immunity is given (transactional immunity or use and derivative use immunity).
• The privilege is waived.

Testimony cannot be used against the defendant for impeachment purposes.

Confessions and Due Process

To be admissible, a confession must not be the product of coercive police conduct. Factors considered include:

1. Physical force or threats.
2. Psychological pressure.
3. Individual characteristics of the defendant (e.g., age, education).
4. Promise of leniency.

Involuntary confessions and their fruits cannot be admitted, even for impeachment.

Confessions and Miranda Rights

The Miranda warning must be given during custodial interrogation.

Elements of Miranda:

1. Custody: The deprivation of freedom of action in any significant way.
2. Interrogation: Express questioning or its functional equivalent (conduct an officer knows is reasonably likely to elicit an incriminating response).

Waiver: Must be knowing, voluntary (clear verbal assertion), and intelligently made. The burden is on the Prosecution (P).

Invoking Rights:

• Silence: Questioning must cease, but this does not require a permanent cessation. It may resume after a cooling-off period, re-Mirandizing, or by a different police officer (PO).
• Counsel: Questioning must cease until counsel is present. Police may ask questions after a break, but the defendant must re-invoke the right again.

Miranda Exceptions:

1. A defective Miranda statement can be used to impeach the defendant.
2. Silence after receiving Miranda warnings can be used to impeach.
3. Fruits of a Miranda violation can be used in certain contexts (though the statement itself is suppressed).
4. Statements obtained during an emergency situation where giving the Miranda warning was impractical.

Sixth Amendment: Right to Counsel

The Sixth Amendment Right to Counsel attaches post-charge for lineups and show-ups. It is offense specific (meaning police can question about other crimes).

Attachment and Scope:

1. Attaches once formal charges are filed.
2. Requires Deliberate Elicitation; informants who are purely listening are permissible.
3. Waiver is possible.

Waiver of the Sixth Amendment right must be knowing, voluntary, and intelligent, assessed under the totality of the circumstances.

Statements and their fruits suppressed under the Sixth Amendment can’t be used even for impeachment.

Disclosure Requirements

Pre-Trial Disclosure

Under the Fifth Amendment's Due Process Clause, the prosecutor is required to turn over:

• Material exculpatory information (evidence that would have resulted in a different outcome).
• Evidence that goes to the guilt or innocence of the defendant.