Learning Objectives

1. Know the role of confessions in the criminal investigation process, the potential challenges and problems presented by confessions, and the explanations for false confessions.

2. Understand the due process test for confessions and the strengths and weaknesses of this approach.

3. Know the legal standards established in McNabb v. United States and in Mallory v. United States.

4. State the holding in Escobedo v. Illinois.

5. Appreciate the protections provided by the Fifth Amendment right against self-incrimination and what is protected by the Fifth Amendment and what is not protected.

6. Know how Miranda v. Arizona protects the Fifth Amendment rights of individuals in police custody.

7. List the factors to be considered in determining whether an individual is subjected to custodial interrogation.

8. Define the public safety exception.

9. Know how the Miranda rights are to be read and the requirements for invoking the Miranda rights.

10. State the test for the waiver of the Miranda rights. Explain explicit and implicit waiver.

11. Define question first and warn later.

12. Know the legal tests for a waiver following invocation of the Miranda rights.

13. Appreciate the test for interrogation and why it matters whether a confession is the product of police interrogation.

14. Know the application of the Sixth Amendment right to counsel.