Confessions
1. 14th amendment: voluntariness: self-incriminating statements must be voluntary under totality of circumstances; involuntary if official compulsion; harmless error
2. 6th amendment: right to counsel: right to counsel guaranteed in all criminal proceedings, which includes all critical stages of a prosecution after formal judicial proceedings have begun (after charges filed); this right is OFFENSE SPECIFIC
3. 5th amendment: right to remain silent and right to counsel: Miranda warnings required prior to interrogation of custodial suspect (probation interviews and routine traffic stops not custodial); suspect may waive miranda rights if waiver is knowing, voluntary, and intelligent (shrugging shoulders or silence is not waiver); questioning or any conduct police know or should know might produce a damaging statement is interrogation; spontaneous statements by accused admissible without miranda warnings; accused may terminate interrogation anytime by invoking either right to remain silent or right to counsel; police must scrupulously obey request to remain silent;  invocation of this right indicates A needs help with the process in general, so it is NOT offense specific; statements made in violation are generally inadmissible but may be used to impeach A at trial; note public safety exception to miranda