Answers Graded A+
confession - ANSWER suspect's written or oral acknowledgement of guilt, often
including details about the crime
incriminating statements - ANSWER statements that fall short of full confessions
accusatory stage of the criminal process - ANSWER the point at which the criminal
process focuses on a specific suspect
due process approach to confession - ANSWER confessions must be voluntary;
involuntary confessions violate due process, not because they're compelled but
because they might not be true
reliability rationale for due process - ANSWER the justification for reviewing state
confessions based on their untrustworthiness
accusatory system rationale - ANSWER a system in which the government bears the
burden of proof
free will rationale - ANSWER involuntary confessions aren't just unreliable and contrary
to the accusatory system of justice; they're also coerced if they're not "the product of a
rational intellect and a free will"
critical stage in criminal prosecutiion - ANSWER includes all those stages that occur
after the government files formal charges; the view that custodial interrogation is so
important in criminal prosecutions that during it suspects have a right to a lawyer
right-to-counsel approach - ANSWER relies on the clause in the Sixth Amendment that
guarantees the right to a lawyer in "all criminal prosecutions"
testimony - ANSWER the content of what you say and write against yourself
custodial interrogation - ANSWER the questioning that occurs after the police have
taken suspects into custody
inherently coercive - ANSWER custodial interrogation is coercive because police hold
suspects in strange surroundings while trying to crack their will, and suspects don't have
anyone their to support them
custody - ANSWER depriving people of their "freedom of action in any significant way"
public safety exception - ANSWER the rule that Miranda warnings need not be
administered if doing so would endanger the public