Usage of Non-Mirandized Evidence in Trial
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
If the evidence was collected in violation of Miranda and used in trial, then:
Issue
I: The issue is whether the statements taken in violation of Miranda should be excluded from trial.
Analysis
R: In certain situations, evidence collected in violation of Miranda may be used in trial. How the evidence may be used in trial depends on whether the evidence was provided voluntarily.
1. Determination of Voluntariness
R: A defendant gives a statement voluntarily if the statement was the product of a free and deliberate choice rather than coercion or improper inducement. Courts assess voluntariness based on the totality of the circumstances, considering factors such as (1) whether law enforcement used any force, threats, promises, or coercion during their interaction with the defendant. They also take into account (2) the defendant’s mental and physical condition, including age, education, mental capacity, and whether (3) the defendant was under the influence of drugs or alcohol. The (4) duration and conditions of the interrogation, such as the length of questioning and any deprivation of food, sleep, or access to counsel, are also evaluated. Finally, the court examines whether (5) any improper promises or inducements were made by law enforcement officers.
A: Here, [apply rule to facts].
C: Therefore, the defendant gave the statement voluntarily/involuntarily.
2a. Voluntary Statements
R: If statements are taken in violation of Miranda, but were given voluntarily (i.e., not coerced or the result of improper conduct), the prosecution may use them to impeach the credibility of the defendant if the defendant chooses to testify. However, such statements cannot be used in the prosecution’s case-in-chief to establish guilt.
A: Here, [apply rule to facts].
C: Therefore, the officer [had/did not have] probable cause.
2b. Involuntary Statements
R: Involuntary statements violate due process and are generally inadmissible for any purpose at trial. However, if an involuntary statement is admitted into evidence, the Harmless Error Test is applied to determine whether the error was harmless or prejudicial. If the court finds that the introduction of the involuntary statement was harmless to the outcome of the trial, the conviction will stand. Otherwise, the admission of the statement may result in the reversal of the conviction and a new trial.
A: Here, [apply rule to facts].
C: Therefore, the warrant [was/was not] properly issued.
Conclusion
C: Therefore, the statements taken in violation of Miranda [should/should not] be excluded from trial.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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