Obtaining Statements and Confessions

Obtaining Statements and Confessions Sondra Silverberg Criminal Evidence Everest University Online Prof. Alana DeGarmo March 6, 2012 Confessions are generally recognised only(prenominal) if the suspect has been read his correctlys, which straightly advises of his rights. Any relinquishments of the rights are ty movieally made in writing. At any point in a abominable trial, the defendant has the right to contest his acknowledgement if he believes he was forced. It is then up to the judge to invest out if the defendant did in fact willingly and measuredly surrendered his right to remain silent and to be represented by an attorney. The 4th, 5th, and fourteenth Amendments make up the voluntary excuse rule. fundamentally it is a test to see if the suspects confession was inclined without being forced or intimidated. The test focuses on the purlieu in which the questioning took place and the methods that were used. Also it focuses on the pic of the suspect at the time of questioning. To establish vulnerability of the direct the court whitethorn examine the education, intellect and mental exertion of the suspect along with any previous experience with the lawful system.

The court will also verify whether the environment may have been the cause of getting a false confession. Those factors embarrass the place, length, intensity and occurrence of the questioning. The court will also draw if the confession was due to the lack of food or sleep. from each(prenominal) one possibly significant factor must b e compared in the context of each case. ! References: (2009). Confessions and Admissions. Retrieved on March 4, 2012 from http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instructions/ shepherds crook/pdf/3560-evidence-confessions-and-admissions-humane-practice.pdfIf you want to get a full essay, order it on our website: OrderCustomPaper.com

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