Confessions
Author | Mark G. Daniel/Robert K. Gill |
Pages | 233-298 |
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
TEXAS CRIMINAL LAWYER’S HANDBOOK 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 Subsequent 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
6-3 CONFESSIONS
§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
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