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 defense. ”
A person MUST be in CUSTODIAL INTERROGATION before Miranda Warning are needed. Person is in custody (not free to leave) and is being interrogated (questioned)
Interrogations • Standard police practice to question, or interrogate, the accused • Police need to obtain info vs. constitutional rights of the accused • Fifth & Sixth Amendments triggered upon arrest – Right to remain silent, Freedom from selfincrimination – Right to an attorney Incriminate (v) – make someone appear guilty of a crime or wrongdoing
Forced Confessions • Confessions are NOT admissible as evidence if it is not voluntary and trustworthy • Use of physical force, torture, and threats to force a person to confess is prohibited
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
“…But they didn’t read me my Miranda 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!
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