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Pages:
1 page/β‰ˆ275 words
Sources:
3 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
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Topic:

Case Study 3: Confessions and Admissions after a Request for a Lawyer

Essay Instructions:

Please read the passage and then follow directions below:
(For this assignment please use the Strayer Writing Standards which will be attached.)
Write a paper in which you:
1. Identify and discuss the constitutional amendments that would relate to this situation.
2. Discuss how the Edwards rule is related to this situation.
3. In your opinion, determine if the suspect's confession to the detective is admissible. Support your opinion with specific case law or contemporary cases.
4. Use at least three quality references. Note: Wikipedia and other similar websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
• This course requires the use of new Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
• Be typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow SWS or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
• Research and analyze procedures governing the process of arrest through trial.
• Critically debate the constitutional safeguards of key amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
• Explain key law enforcement regulatory procedures and rules and requirements of law enforcement in the evidence collection phase.
• Explain and debate fundamental Supreme Court cases associated with criminal procedure.
• Use technology and information resources to research issues in the criminal procedure.
• Write clearly and concisely about the criminal procedure using proper writing mechanics.

Essay Sample Content Preview:

Confessions and Admissions After Request for a Lawyer
By (First Name, Last Name)
Institutional Affiliation
Confessions and Admissions After Request for a Lawyer
While confessions are an excellent way of investigating and detecting crime, it has been heavily linked with coerciveness and false confessions. Therefore, the constitution stepped in to regulate confessions and admissions to ensure that they are a part of regular and fair procedures. There are key constitutional amendments that provide safeguards for confessions, particularly when a defendant is in police custody (Leo, 2018).
Constitutional Amendments
Three constitutional amendments relating to the situation of this case. The Fifth Amendment protects a person who is under police interrogation from incriminating themselves. The Supreme Court established that in Miranda, interrogation in a police station is characteristically coercive (Smalarz, Scherr & Kassin, 2016). Therefore, to ensure an individual did not incriminate themselves because of the coercive nature of questioning, a police officer is required to inform the individual of their rights before interrogation (Lassiter, 2006). Equally, the Sixth Amendment provides a clause on the right to counsel that ensures assistance of a lawyer for criminal defendants. Both the Fifth and Fourteenth Amendment provide a due process clause that sets the foundation of the involuntariness test which primarily determines whether a defendant’s confession was voluntary (Leo, 2018). This test later determines the admissibility of the confession court as they have to be free and voluntary to be admissible.
Relation to Edwards Rule
The fa...
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