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Class 10 Police Interrogation

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Crim Pro Survey
Police Interrogation
Brown v. Mississippi
• Facts? (3rd 549-550)
Brown v. Mississippi
• Issue? (3rd 549)
Brown v. Mississippi
• Application? (3rd 550)
Brown v. Mississippi
• Conclusion? (3rd 550)
According to Michael J. Klarman, Brown v.
Mississippi (1936) was linked to Powell v.
Alabama (1932), both evidence of
Criminal Procedure’s southern origins.
• When is a confession involuntary? (3rd 551)
Arizona v. Fulminante
• Facts? (3rd 552-53)
Arizona v. Fulminante
• Issue? (3rd 553)
Arizona v. Fulminante
• Analysis: is actual violence required to show
that a confession has been coerced? (3rd 554)
• If not, what is required?
Arizona v. Fulminante
• What threat of violence did Fulminante face?
(3rd 554)
Arizona v. Fulminante
• Conclusion? (3rd 554)
Spano v. New York
• Facts? (3rd 555-57)
Spano v. New York
• Issue? (3rd 555)
Spano v. New York
• Analysis: why does the Court review Spano’s
background? (3rd 558)
• Relevant?
Spano v. New York
• Does the Court consider the duration of the
interrogation? (3rd 558)
• Why?
Spano v. New York
• Does the Court consider Bruno’s deception?
(3rd 558)
• Why?
Spano v. New York
• Conclusion? (3rd 559)
Colorado v. Connelly
• Facts? (3rd 560)
Colorado v. Connelly
• Issue? (3rd 560)
Colorado v. Connelly
• Analysis: what are Connelly’s medical
conditions? (3rd 561)
Colorado v. Connelly
• Why does the Court cite Brown v. Mississippi?
(3rd 561)
Colorado v. Connelly
• Can a defendant’s mental condition “dispose
of the inquiry” into whether the confession
was voluntary? (3rd 562)
Colorado v. Connelly
• Conclusion? (3rd 563)
Miranda v. Arizona
• Facts? (3rd 567)
Miranda v. Arizona
• Issue? (3rd 568, 571)
Miranda v. Arizona
• Analysis: how does the warning work? (3rd
568)
Miranda v. Arizona
• How had police procured confessions before?
(3rd 569)
• What is the 3rd degree?
Miranda v. Arizona
• How does the Court address mental, as
opposed to physical, coercion? (3rd 569, 570)
Miranda v. Arizona
• What is the significance of custody? (3rd 572)
Miranda v. Arizona
• What is the warning? (3rd 573)
Miranda v. Arizona
• Conclusion? (3rd 576)
Miranda v. Arizona
• Why doesn’t society’s need for interrogation
outweigh the privilege? (3rd 568)
Dickerson v. United States
• Facts? (3rd 581)
Dickerson v. United States
• Issue? (3rd 581, 582)
Dickerson v. United States
• Analysis: what is the Court’s take on
Congress? (3rd 582)
Dickerson v. United States
• Why does the Court insist on the rule, not a
totality of the circumstances test? (3rd 583)
Dickerson v. United States
• What is the argument about Miranda’s role in
“our national culture”? (3rd 583)
Dickerson v. United States
• Conclusion? (3rd 583)
Dickerson v. United States
• According to the dissent, this is a “radical
revision of the most significant element of
Miranda” (3rd 581)
• How so?
• When is a person in custody? (3rd 588)
Oregon v. Mathiason
• Facts? (3rd 589)
Oregon v. Mathiason
• Issue? (3rd 590)
Oregon v. Mathiason
• Analysis: what does the Court mean by
“custodial interrogation”? (3rd 590)
• Was Mathiason in custody?
Oregon v. Mathiason
• Analysis: what does the Court mean by
“custodial interrogation”? (3rd 590)
• Was Mathiason in custody?
Oregon v. Mathiason
• If an individual is not in custody, must they be
Mirandized? (3rd 590)
• Does this coincide with Mendenhall?
Oregon v. Mathiason
• Conclusion? (3rd 590)
JDB v. North Carolina
• Facts? (3rd 592)
JDB v. North Carolina
• Issue? (3rd 592)
JDB v. North Carolina
• Analysis: how does the Court address the
“pressures” of custodial police interrogation?
(3rd 594)
• Worse for children?
JDB v. North Carolina
• How does the child’s age affect their
perception of whether they are free to leave?
(3rd 594)
JDB v. North Carolina
• Conclusion? (3rd 594)
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