Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Custodial Interrogation vs. Voluntary Statements
In legal and criminal justice terms, as well as in their application in everyday life, there is a considerable degree of distinction between a voluntary statement and custodial interrogation. Nonetheless, there are a number of key similarities between these terms. Both of these proceedings (the issuing of a statement and an interrogation while in custody) can incriminate. Moreover, it is also possible for what begins as an opportunity to issue a voluntary statement to end as an instance of custodial interrogation. One of the key differences between these proceedings is the liberty of the person issuing administration to either federal, state or local authorities.
A voluntary statement is made to the aforementioned authorities without an individual being compelled to make a statement. Frequently, voluntary statements are made at will on the part of the person making them. Individuals may choose to go to a police station and comment on a criminal investigation, a potential criminal investigation, or other areas of interest to law enforcement officials. Oftentimes there is a degree of spontaneity involved with the issuing of these statements. Individuals are not required to make such statements, and make them because they want to do so. Due to this aspect of voluntary statements, they are frequently not accompanied by the presence of a lawyer. Additionally, they are typically not made while an individual is under arrest. Subsequently, these statements do...
This sort of detainment can take place in formal settings such as police headquarters, in addition to informal settings such as in a police vehicle. One of the most notable indicators of a custodial interrogation is if one is under arrest. When one has been arrested, any statements that one makes to the authorities are part of a custodial interrogation. It is pivotal to realize that individuals can have the advisory of an attorney when they are subjected to custodial interrogation. Moreover, they should be read their Miranda rights prior to a custodial interrogation. Part of the Miranda rights informs individuals that they actually have the right to seek legal counsel prior to speaking with law enforcement officials -- and, thereby, partaking in a custodial interrogation. If individuals are not appraised of their Miranda rights, then the information they yield during a custodial interrogation (specifically the things they have said) can be considered inadmissible in a court of law (Duke Law Journal, 1978, p. 1497). In such instances, it is possible for individuals to go free.
The pivotal distinction between a custodial interrogation and a voluntary statement is the freedom allowed to the individual speaking with authorities. People must be…
References
Duke Law Journal. (1978). Note: Custodial interrogation after Oregon v. Mathiason. http://scholarship.law.duke.edu / Retrieved from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2689&context=dlj
The middle of the decade of the 1980's was witness to the creation of the Technology Assessment Program Information Center and the Technology Program Advisory Agency. Their functions were as follows: Technology Assessment Program Information Center: Picked up laboratories for testing equipment, supervised the testing process, published reports concerning the results that the lab released after testing. Technology Program Advisory Agency: This was a large advisory body of senior local and federal
Corrections/Police -- Criminal Justice -- The Brady Act Seven-Stage Checklist for Program/Policy Planning and Analysis The Seven Stage Checklist for Program/Policy Planning and Analysis was employed to examine The Brady Act. In Stage 1, Analyzing the Problem: the problem was found to be at least four serious gaps in the existing Brady Act. Those gaps include: the lack of required background checks for all gun sales, including private sales at gun shows
Maryland Prison System Crime is expensive. But so too is punishment. The state of Maryland, like the majority of states across the nation at the moment, is facing a period of slow economic growth and shrinking economic resources even as it continues to have to meet the needs of its citizens. This paper examines the effect on the state's overall budget of the cost of incarcerating prisoners. The treatment of prisoners causes
Vedantam, 2006), Americans are more socially isolated than they were in 1985, with the number of people with whom they can confide dropping by one third, from three close confidents to two. American is viewed as a fragmented society with splinters of people growing ever more distant with regard to intimate social ties. Despite the benefits of close social connections, people report being alone, feeling alone, and suffering alone
Court Management Policy Proposal The retributive and rehabilitative approaches of justice are dominant, and research suggests that they have disappointed the juvenile legal system. The rise in youth crime and critiques of the juvenile legal approaches has led to demands for reforms in the way of charging youth offenders. The retributive approach of justice suggests that juvenile offenses are violations against the state and holds the state accountable for sentencing youth
Drug Courts: A Program to Reinvent Justice for Addicts For the past several decades, drug use has had an overwhelming effect upon the American justice system, with drug and drug-related crime being the most common offense in almost every community (Drug Strategies, 1996). Beyond the troubling ability of these problems to fill prisons to capacity, the traditional judicial system seemed to have no deterrent effect on these crimes (Drug and Crime