CRIM 12000 Lecture Notes - Lecture 24: Harmless Error, Trial, American Experience
29 Apr 2019
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Suspects must be informed of their basic rights at the point of arrest, particularly the right to remain. Silent, and the right to have counsel present during any interrogations. All confessions admitted in court must meet the two-fold miranda tests of: If you cannot afford a lawyer, one will be obtained for you if you so desire: do you understand these rights, do you wish to have an attorney, do you wish to speak to us now, miranda offspring. Arizona v. fulminante - the erroneous admission of a coerced confession at trial does not constitute grounds for an automatic mistrial, rather the totality of the circumstances is to be applied to the harmless error rule. Inevitable discovery (nix v. williams: public safety, routine traffic stops, previously informed of rights (an exemption to the awareness prong) Illegally obtained confessions may be used to impeach the defendant"s testimony at trial (michigan v. harvey; an extension of u. s. v. havens: entrapment.
