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Interrogations & Confessions

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.

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Interrogations & Confessions

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  1. Interrogations & Confessions

  2. 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.”

  3. 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)

  4. 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 self-incrimination • Right to an attorney Incriminate (v) – make someone appear guilty of a crime or wrongdoing

  5. 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

  6. 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

  7. “…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!

  8. http://www.youtube.com/watch?v=T45aF1NLMyM http://www.youtube.com/watch?v=LsZz1aCBeJM http://www.youtube.com/watch?v=2QiFg7MJL3E

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