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 Continue Reading...
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 Continue Reading...
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 Continue Reading...
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 issu Continue Reading...
(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 Continue Reading...
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 Hipho Continue Reading...
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, t Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.
I Continue Reading...
The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could Continue Reading...
In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are Continue Reading...
The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reas Continue Reading...
For example, he voted to require that schools utilize resources to support religions activities if they designate resources to non-religious activities (Board of Education. v. Mergens, 1990). Further, Zelman v. Simmons-Harris (2002) called for vouch Continue Reading...