INTERROGATIONS CONFESSIONS Fifth Amendment No person shall be
INTERROGATIONS & CONFESSIONS
Fifth Amendment “No person… shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. ” Sixth Amendment “In all criminal prosecutions, the accused shall. . Have the Assistance of Counsel for his defence. ”
INTERROGATIONS & CONFESSIONS Standard police practice to question, or interrogate, the accused • Often result in confessions Police need to obtain info vs. constitutional rights of the accused Fifth & Sixth Amendments triggered upon arrest • Right to remain silent, Freedom from self-incrimination • Right to an attorney Incriminate (v) – make someone appear guilty of a crime or wrongdoing
WHY STAY SILENT? Gov’t bears the burden of proof Suspects not obliged to help gov’t prove they committed a crime Suspects not required to testify at own trial
FORCED CONFESSIONS SCOTUS held that confession is not admissible as evidence if not voluntary & trustworthy Use of physical force, torture, threats, or other techniques that can force an innocent person to confess prohibited Escobedo v. Illinois (1964): Even voluntary confession inadmissible if obtained after defendant’s request to talk to lawyer has been denied • Attorney could’ve helped avoid self-incrimination http: //www. dailymail. co. uk/news/article-2086950/Thomas-Cogdellconfession-Police-forced-innocent-boy-12 -confess-strangling-sister -11. html
MIRANDA VS. ARIZONA (1966) Ernesto Miranda’s confession could NOT be used in trial b/c police did not inform Miranda of his rights • Right to remain silent, Right to an attorney Police now REQUIRED to inform people of their “Miranda Rights” before interrogation begins
REQUIRED IF… 1. A PERSON IS IN CUSTODY (NOT FREE TO LEAVE) AND 2. IS BEING INTERROGATED (QUESTIONED)
“BUT THEY DIDN’T READ ME MY RIGHTS!” Does not affect the validity of the arrest itself Police only have to give Miranda warnings if they intend to use statements from the accused at the trial CAN still be charged and convicted • Example: Ernesto Miranda!
EXCEPTIONS TO THE RULE. . . New York v. Quarles (1984): Police may ask questions related to public safety before advising suspects of their rights Police officer arrests rape suspect in grocery store, notice empty gun holster, ask where gun was before advising suspect of rights, suspects points to grocery counter, gun found. • SCOTUS: Legal https: //www. thedailybeast. com/miranda-warning-withheld-frombombing-suspect-for-more-than-two-days
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