Confessions

• Author: Mark G. Daniel/Robert K. Gill
• Pages: 235-300

6-1

Chapter 6

Confessions

Table of Contents

§6:10 Constitutional and Statutory Provisions

§6:11 Fifth Amendment

§6:12 Sixth Amendment

§6:13 Texas Constitutional Provisions

§6:14 Texas Statutory Provisions

§6:20 Custody Analysis

§6:21 Custody for Fifth Amendment Purposes

§6:21.1 “Custodial Interrogation” Defined

§6:21.2 The Functional Equivalent of Questioning

§6:21.3 Custody Status Test

§6:21.4 Subjective Intent of Police

§6:21.5 Restriction on Movement

§6:21.6 Probable Cause

§6:21.7 Location of Questioning

§6:21.8 Focus of Investigation

§6:21.9 Traffic Stops

§6:22 Admissible Custodial Statements

§6:22.1 Statements to State Caseworkers

§6:22.2 Questioning by Civilians

§6:22.3 Spontaneous Oral Statements

§6:22.4 General and Routine Questions

§6:22.5 Booking Questions

§6:22.6 Overheard Statements

§6:22.7 Public Safety Exception

§6:22.8 Custodial Statements for Impeachment Purposes

§6:23 Interrogation in Non-Custodial Setting

§6:24 Admissible Non-Custodial Statements

§6:24.1 Statements to Probation Officers

§6:24.2 Statements to State Caseworkers

§6:24.3 Traffic Stops

T C L’ H 6-2

§6:25 Agency Relationship

§6:25.1 Statements to Inmates

§6:25.2 Statements to Private Citizens

§6:30 Magistration and Sufficiency of Miranda Warnings

§6:31 Statutory Law

§6:32 Delay in Taking Before Magistrate

§6:33 Sufficiency of Warnings

§6:33.1 In General

§6:33.2 Lack of Miranda Warnings

§6:33.3 Incomplete or Inaccurate Warnings

§6:33.4 Warnings for Written Statements

§6:33.5 Warnings for Oral Statements

§6:34 “Two-Step” Confessions

§6:35 Out-of-State Confessions

§6:40 Invocation and Waiver of Rights

§6:41 Invocation of Rights

§6:42 Waiver of Rights

§6:42.1 Case Law on Waiver

§6:42.1.1 In General

§6:42.1.2 Implied Waivers

§6:42.1.3 Waivers in Written Statements

§6:42.2 Voluntariness of Waivers

§6:42.2.1 Voluntariness of Waivers Under Miranda

§6:42.2.2 Voluntariness of Waivers Under Art. 38.22

§6:42.2.3 Jury Charge on the Voluntariness Issue

§6:42.2.3.1 Jury Charges and Miranda Issues

§6:43 Invocation and Waiver of Specific Rights

§6:43.1 Invocation and Waiver of Right to Remain Silent

§6:43.1.1 General Rules on Invocation of Right to Remain Silent

§6:43.1.2 Sufficient Invocation of Right to Remain Silent

§6:43.1.3 Insufficient Invocation of Right to Remain Silent

§6:43.1.4 Valid Waivers of Right to Remain Silent

§6:43.2 Invocation and Waiver of Right to Attorney

§6:43.2.1 Fifth Amendment Right to Attorney

§6:43.2.2 Sixth Amendment Right to Attorney

§6:43.2.3 Sixth Amendment Violations

§6:43.2.4 Sufficient Invocation of Right to Attorney

§6:43.2.5 Reinitiation of Contact by Accused

§6:43.2.6 Insufficient Invocation of Right to Attorney

§6:43.2.7 Invocation of Right by Suspect’s Attorney

§6:43.2.8 Valid Waivers of Right to Attorney

§6:43.2.9 Invalid Waivers of Right To Attorney

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§6:43.3 Right to Terminate Interrogation

§6:43.3.1 In General

§6:43.4 Right to Contact Consulate

§6:50 Voluntariness of Confessions

§6:51 In General

§6:52 Art. 38.22 §6 General Voluntariness Issues

§6:53 Miranda and Art. 38.22 §§2 and 3 Voluntariness Issues

§6:54 Due Process Issues

§6:55 Art. 38.23 Issues

§6:56 Involuntary Confessions

§6:56.1 Factors Rendering a Confession Involuntary

§6:56.1.1 Promises

§6:56.1.1.1 Promises Not Affecting Voluntariness

§6:56.1.1.2 Promises and Other Factors Affecting

Voluntariness

§6:56.1.2 “For or Against”

§6:56.1.3 Intoxication

§6:56.1.4 Pain and/or Torture

§6:56.1.5 Deception or Misrepresentation

§6:56.1.6 Prolonged Interrogation; Lack of Food or Sleep

§6:56.1.7 Force or Violence

§6:56.1.8 Psychological Tactics

§6:56.1.9 Lack of Intellect or Mental Impairment

§6:56.1.10 Language Barriers

§6:56.1.11 Use of Grand Jury Subpoena

§6:56.1.12 Threats Against Family Members

§6:57 The Voluntariness Hearing

§6:57.1 In General

§6:57.2 Findings of Fact and Conclusions of Law

§6:57.3 Voluntariness Issue to Jury

§6:57.3.1 Statutory Provisions

§6:57.3.2 Application of Law

§6:60 Illegal Arrests and Subsequent Confessions

§6:61 In General

§6:62 Attenuation Analysis

§6:62.1 Giving Miranda Warnings

§6:62.2 Temporal Proximity

§6:62.3 Intervening Circumstances

§6:62.4 Police Misconduct