Obtaining Statements and Confessions

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Obtaining Statements and Confessions Sondra Silverberg Criminal Evidence Everest University Online Prof. Alana DeGarmo March 6, 2012 Confessions are generally accepted only if the suspect has been read his rights, which lawfully advises of his rights. Any relinquishments of the rights are typically made in writing. At any point in a criminal trial, the defendant has the right to contest his confession if he believes he was forced. It is then up to the judge to establish if the defendant did in fact willingly and intentionally surrendered his right to remain silent and to be represented by an attorney. The 4th, 5th, and 14th Amendments make up the voluntary confession rule. Essentially it is a test to see if the suspect’s confession was given without being forced or intimidated. The test focuses on the environment in which the questioning took place and the methods that were used. Also it focuses on the vulnerability of the suspect at the time of questioning. To establish vulnerability of the subject the court may examine the education, intellect and mental stability of the suspect along with any previous experience with the legal system. The court will also verify whether the environment may have been the cause of getting a false confession. Those factors include the place, length, intensity and occurrence of the questioning. The court will also determine if the confession was due to the lack of food or sleep. Each possibly significant factor must be compared in the context of each case. References: (2009). Confessions and Admissions. Retrieved on March 4, 2012 from
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