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Interrogations, Confession And Admissions In The Criminal Justice System (Interrogation Policies Used By Police Today)

1843 words - 7 pages

America's law enforcement is faced with the challenges of managing a culturally and spiritually diverse population. With the advent of loopholes and courtroom technicalities, the field officers have to follow the book in every aspect in order for the bad guy to actually see some jail time. There are many procedures to follow, and we would like to discuss three of those very important areas.An interrogation or interview of an accused suspect is often a tool utilized by law enforcement to obtain a confession. There are many methods used by police investigators in attempts to obtain a confession during an interrogation. The foundation of interrogations, in my opinion, aimed at finding the truth. There are certain limitations in determining whether the confession obtained was voluntary.The limitations governing the police relate to the due process test and that of confessions obtained during custodial interrogations. Many of these interrogations are questionable or in violation of Miranda. Whenever there is a question as to the possibility of violation of any limitations in an interrogation, prosecutors usually seek to utilize impeachment.According to the text, "Brian v. United States", the Supreme Court held that for a confession to be voluntary, it must not have been extracted by or obtained by any sort of threat or violence, nor could it have been obtained by any means of direct or implied promises, no matter how slight. The issue at hand, in this case, involved the totality of circumstances in assessing the volunteerism of the confession.The next issue at hand when dealing with custodial interrogations is Miranda. Miranda was developed due to issues involving the case of Miranda v. Arizona. The Miranda process was established to insure that the suspect was adequately and effectively advised of his or her rights, and to insure that the exercise of these rights were fully honored by the police." This was an apparent attempt of the court system to recognize or overcome the obvious pressures of police power placed on individuals during the interrogation process. These Miranda warnings are required before any custodial interrogations.These legal issues pertaining to the limitations of police interrogations have caused many questions by advocates of police who interrogate suspects on a regular basis, as well as attorneys and lawyers who actively defend these individual in court. As some of us are law enforcement officers, we believe that police should utilize all the legal tactics at hand in order to obtain a lawfully, non-coerced confession. These tactics often include the "good cop-bad cop" routine. In our opinion, this tactic gives the police a sympathetic approach, but also offers an approach favorable to their intention, to obtain a confession. We agree this may seem like psychological coercion, but it strengthens the police's vantage point.In today's judicial society, judge and jury, the courts consider a confession to be a very important piece...

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