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Interrogations and Confessions

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... Psychological Coercion Angry Lynch Mob Arresting Innocent Members of the Suspects Family Taking Children Away Promising Confession Will Prevent Prosecution ... – PowerPoint PPT presentation

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Title: Interrogations and Confessions


1
Interrogations and Confessions
  • FIFTH AMENDMENT
  • No person shall be compelled in any criminal
    case to be a witness against himself.

2
Interrogations and Confessions
  • Constitutional Implications
  • 4th Exclusionary rule
  • 5th Privilege against self incrimination
  • 6th Right to Counsel
  • 5th Federal Due Process
  • 14th State Due Process

3
Confessions
  • Need to Voluntary
  • So that they can be considered trustworthy
  • Incriminating statements elicited during
    consensual investigative techniques are always
    admissible

4
Three Phases of a Criminal Case
  • Investigative Questioning
  • Custodial Interrogation
  • Prosecutorial

5
Torture
  • Violates the Free Voluntary Rule
  • Confessions or inculpatory statements obtained by
    law enforcement by coercion in violation of the
    free voluntary rule will be suppressed to
  • Protect against convictions using unreliable
    evidence
  • Preserve the suspects freedom of choice
  • Deter PO from intolerable interrogation tactics

6
Two Part Voluntary Test
  • Part One Source of Pressure (Has the government
    exerted pressure sufficient to exclude
    voluntariness)
  • Beatings guns to the head are coercive and not
    voluntary
  • Part Two What impact did this pressure have on
    the suspect

7
Less Coercive Means
  • Necessitate and examination of the totality of
    the circumstances
  • Pressure exerted by the police
  • Suspects degree of susceptibility
  • Conditions in which the interrogation took place

8
The Ultimate Coercive Interrogation
9
Pressure exerted by the police
  • Torture, beatings, and the gun to the head are
    inherently coercive and are not allowed
  • Coercion Can Also Include
  • Threats
  • False Promises
  • Trickery
  • Deceit
  • Psychological Coercion
  • Angry Lynch Mob
  • Arresting Innocent Members of the Suspects Family
  • Taking Children Away
  • Promising Confession Will Prevent Prosecution
  • Promising Leniency when PO is unable to affect
    outcome
  • PO is allowed to make truthful representations
    about suspects legal predicament
  • PO can tell suspect his cooperation will be
    mentioned to the prosecutor
  • PO can tell suspect he will encourage the
    prosecutor to be lenient
  • CONFESSIONS MUST BE PROVEN VOLUNTARY BY A
    PREPONDERANCE OF THE EVIDENCE

10
Suspects Degree of Susceptibility
11
Conditions Under Which the Interrogation Took
Place
12
4th Amendment Exclusionary Rule
  • If Search is Unconstitutional
  • If Arrest is Unconstitutional
  • If Investigative Stop is Unconstitutional
  • Then confession is excluded and any evidence
    which is fruit of the poisonous tree will be
    excluded

13
Compulsory Self Incrimination
  • No person shall be compelled in any criminal
    case to be a witness against himself
  • Testimonial evidence is controlled by the 5th
    Amendment
  • The right of the people to be secure in their
    persons against unreasonable searches shall
    not be violated
  • Physical Evidence is controlled by the 4th
    Amendment and is frequently admissible against
    the interests of an arrestee/defendant

14
4th Amendment Protection Against Unreasonable
Searches Self Incrimination
  • Three areas which could impact a courts finding
    that evidence seized from an arrestees person or
    physical appearance was obtained in an
    unreasonable manner
  • Bodily movement
  • An arrest must be constitutional
  • Bodily privacy
  • Thing to be seized in search must be publicly
    viewable, cannot view naked body for evidence
  • Body Integrity Blood
  • What was the reason for initial seizure or any
    additional seizures

15
Testimonial Self Incrimination
  • Perjury v. Contempt
  • Also applicable outside of a court room in police
    interrogations
  • Right to remain silent
  • Privilege against answering self incriminating
    questions
  • Individuals have the right ANYWHERE not to answer
    questions that would tend to incriminate

16
Grand Jury
  • You are compelled to appear under penalty of
    contempt
  • Any question which might have a tendency to
    incriminate you do not have to answer

17
Testimonial Self Incrimination
  • Does not extend to that which was made
    voluntarily before criminal activity became
    apparent
  • Journals
  • Writing
  • Records
  • Subpoena Deuces Tecum
  • Used to compel the production of certain items
  • Challengeable because production could eventually
    lead to evidence of crime.

18
Compelling Testimonial Evidence
  • Must create a risk of being convicted of a crime.
  • Already tried for the crime convicted or
    acquitted
  • Absolute or Transactional Immunity
  • Use immunity
  • Binding on State and Federal prosecutions

19
Invoking 5th Amendment Right
  • Defendant's decision not to testify is final and
    cannot be used against him/her
  • Taking the witness stand revokes the privilege
  • Jury cannot be told defendant invoked the
    privilege
  • 5th Amendment Privilege does not extend to other
    types of proceedings

20
Appearance and Body Evidence
  • Exposed to public scrutiny
  • Handwriting
  • Photos
  • Fingerprints
  • Voice Samples
  • Field Sobriety Tests
  • Evidence not seized in a reasonable manner
  • Naked body
  • Blood samples
  • Surgically removed bullet
  • DNA samples

21
Compulsory Production of Appearance Evidence
  • During Terry Stop
  • Transport a short distance for show-up
  • Never to police station
  • Fingerprints and/or photos OK
  • Illegal arrest taints appearance evidence

22
Intrusive Body Searches
  • What is reasonableness for 4th Amendment Searches
    below a suspects skin surface
  • Government need for evidence exceeds the
    intrusive nature into suspects privacy or bodily
    integrity
  • Clear indication desired evidence will be found
  • Search warrant or exigent circumstances
  • Procedure to retrieve Evidence is reasonable and
    the procedure is performed in a reasonable manner

23
SW Requirement
  • Penetrating the bodys surface
  • Saliva, urine, semen or pubic hair samples
  • Other bodily tissue or fluids
  • Manually inspecting rectal or genital cavities
  • Anything which would cause sever pain or
    discomfort
  • Rick to health
  • Intensive humiliation

24
Exigent Circumstances
  • Blood, breath or urine samples in DUI cases
  • Gunshot residue test
  • Reaching into mouth (mouth is not a sacred
    orifice)
  • Stomach pumping is OK if less intrusive means are
    not available
  • Strip Searches and body cavity searches must be
    based on the reasonable suspicion that search
    will produce drugs, weapons, or contraband (In
    Illinois controlled by Statute)
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