Confessions And Interrogations The Fourteenth Amendment To Essay

PAGES
2
WORDS
554
Cite

Confessions and Interrogations The Fourteenth Amendment to the United States Constitution guarantees, under its "due process" clause, protection from the use of involuntary confessions. A confession is considered to be involuntary if the confession was not obtained from a rational intellect and a free will. ("Confessions") In other words, a person must consciously know what they are confessing to as well as freely admit to it. This definition includes a prohibition on confessions that are physically coerced (such as torture), but also against psychological ploys that are deemed to be coercive. In fact, coercion by the police is the necessary factor in determining whether or not a confession is involuntary. This means that the circumstances of the confession are the main issue, and if they are found to be coercive, then the confession is not admissible. ("Confessions")

...

There are too many cases of forced confessions being overturned years later and innocent people being set free after years of imprisonment. While it is important to convict the guilty, it is even more important to protect the innocent. If an innocent person is forced to confess to a crime they did not commit, then two crimes have taken place with no justice.
Part 2

The Miranda warning is a statement that the police must give a person which informs them of their constitutional rights against self-incrimination. (Salzburg 2009) In other words, a person has the right to remain silent. While it also maintains other rights, the right to an attorney for…

Sources Used in Documents:

Works Cited

"Confessions." Lexis Nexis. Web 26 Nov. 2012. http://www.lexisnexis.com/lawschool/study/outlines/html/crimpro/crimpro10.htm

Salzburg, Steven. "Miranda, the Functional Equivalent of Interrogation, and Taint."

Criminal Justice 24.3 (Fall 2009). Web. 27 Nov. 2012.

http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section


Cite this Document:

"Confessions And Interrogations The Fourteenth Amendment To" (2012, November 27) Retrieved April 26, 2024, from
https://www.paperdue.com/essay/confessions-and-interrogations-the-fourteenth-106602

"Confessions And Interrogations The Fourteenth Amendment To" 27 November 2012. Web.26 April. 2024. <
https://www.paperdue.com/essay/confessions-and-interrogations-the-fourteenth-106602>

"Confessions And Interrogations The Fourteenth Amendment To", 27 November 2012, Accessed.26 April. 2024,
https://www.paperdue.com/essay/confessions-and-interrogations-the-fourteenth-106602

Related Documents

Forensics, Law, & Psychology: False Confessions It is a well accepted law in the forensic field, that only recently slipped through, that investigations can be helped by compelling people to confess. However this forensic law that encourages and enables forced confession spirals off methodological research in psychology that shows that such confessions can be harmful to the field since many prisoners end off confessing under duress and admitting to actions that

Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the

Chavez v. Martinez case is one of the major lawsuits in the history of the United States that addressed the potential civil liability for coercive interrogations. In this lawsuit, the U.S. Supreme Court more clearly recognized the constitutional issue that confirmed that coercive interrogation may violate the right of a suspect to substantive due process in certain conditions. This violation is likely to occur even when no self-incriminating statement is

(The Sixth Amendment, http://civilliberty.about.com/od/lawenforcementterrorism/p/6th_amendment.htm. Retrieved 6 December 2009.) The Fourteenth Amendment, although not (obviously) a part of the Bill of Rights, presents rights that are as central to our democracy as those outlined in the Bill of Rights, including an expansion of the definition of citizenship to include the slaves freed after the Civil War, and what is known as the "due process" clause. This clause argues that the government

His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hiphop consented to the search and voluntarily allowed Hardbutt onto the premises. Therefore, even if the drugs are excluded as the subject of the interrogation, the deer carcass was never discussed

Civil Rights and Police Departments The outline for basic civil rights in America is deceptively simple and straightforward; it appears in the Bill of Rights, with a concentration on the Fourth, Fifth, Sixth, and Eighth Amendments. Taken together, these amendments govern the ability of the government to conduct searches and seizures, dictate the rules required for arrest, guarantee the right to remain silent, provide the right to an attorney, and prohibit