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 ID: 546210
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Slide1
Interrogations & ConfessionsSlide2
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.”Slide3
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)Slide4
Interrogations
Standard police practice to question, or
interrogate, the accusedPolice need to obtain info vs. constitutional rights of the accused
Fifth & Sixth Amendments triggered upon arrestRight to remain silent, Freedom from self-incriminationRight to an attorneyIncriminate (v
) – make someone appear guilty of a crime or wrongdoingSlide5
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 prohibitedSlide6
Miranda vs. Arizona (1966)
Ernesto Miranda’s confession could NOT be used in trial
b/c police did not inform Miranda of his rightsRight to remain silent, Right to an attorneyPolice now REQUIRED to inform people of their “
Miranda Rights” before interrogation beginsSlide7Slide8
“…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 trialCAN still be charged and convicted
Example: Ernesto Miranda!Slide9
http://
www.youtube.com/watch?v
=LsZz1aCBeJMhttp://www.youtube.com/watch?v
=T45aF1NLMyMhttp://www.youtube.com/watch?v=2QiFg7MJL3E