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Criminal Justice Confessions and Admissions

CRIMINAL JUSTICE 1

CriminalJustice: Confessions and Admissions

CriminalJustice: Confessions and Admissions

The fifth and the 6th amendments of the U.S constitution would relateto the situation of a suspect confessing to a crime after himrequesting for a lawyer. These two amendments not only give peoplethe right to ask for assistance from counsel, but also the rightagainst statements that would lead to self-incrimination. The FifthAmendment proclaims that no individual should be compelled in anyparticular criminal case to act as a witness against him or herself(Tangl, 2014). The Sixth Amendment states that defendants shall beprovided with the counsel to assist them in defense during allcriminal prosecutions (Tangl, 2014). These amendments areaccomplished through the police reading out the Miranda Rights beforean arrest and before questioning (Ruschmann, 2007).

In case the defendant confesses to his or her crime, the Edwards Ruleimplies that after an accused person invokes for counsel, the policeor police detectives should stop the interrogation until in thepresence of an attorney. Also, the police can question the suspect ifthe suspect voluntarily gives the police the permission for furtherquestioning by documenting a waiver to counsel (Del Carmen, 2013). Inthis scenario, the detective should have provided a lawyer for thesuspect before interrogating him further.

In this situation, the confession of the suspect to the crime isinadmissible because he did not waive his invocation to counsel, butthe police detective reinitiated interrogation without providing himwith counsel, in which the defendant produced self-incriminatinginformation. The detective violated the fifth and the sixthamendment. Therefore, the confessions the suspect made were notadmissible into the court.

As shown above, the fifth and sixth constitutional amendments ofAmerica give the accused the right against self-incrimination andright to counsel. Also, the Edward rule provides that a suspectshould only be subjected to questioning if his or her invocation forcounsel has been met. Violation of these amendments by the policeduring arrest and when the suspect is in custody, lead toinadmissibility into the court. A confession is considered asevidence if the suspect was apparently advised about the Mirandarights, understood them, and voluntarily made the decision to waivethe selected right, and approved the police’s intention to elicitmore information about the crime.

References

Del Carmen, R. V.(2013). Criminal Procedure: Law and Practice.Boston: CengageLearning.

Ruschmann, P.(2007). Miranda Rights. New York, NY: Infobase Publishing.

Tangl, A. (2014).English for lawyers and law students: With a short introduction tothe US legal system. Scheydgasse: Linde Verlag GmbH.