wk 4 forum 1 Cheryl

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Discuss the difference between an arrest and a custodial interrogation. When must Miranda be given to an individual?

Both “custodial interrogations” and “arrest” are means in which law enforcement can seize a person suspected of a crime, though the two differ in definition and nature. A detention which requires probable cause, no matter how short, is defined as an arrest. (APUS Textbook, Ch.2)  A person is considered to be in custody when they reasonably feel they do not have the ability to end questioning. There are several different factors that may contribute to a person believing that they are restricted and bound to an interrogation such as coercion, law enforcement population ratio, physical restraints, and the presence of weapons. A custodial interrogation means that law enforcement has stripped a person of their freedom of action. To “interrogate” a person means to ask direct questions that are likely to incriminate a suspect and link them to a crime. Normally speaking, an arrest must take place before the police need to give you a Miranda warning.  Law enforcement is not required to read a person their Miranda rights upon an arrest, but are required to issue the Miranda warning once they take the individual into custody and interrogate them. (APUS Textbook, Ch.3)

Discuss how the court determines if a confession should be admissible or not. What does the court look for to determine if a confession is voluntarily given?

A confession is admissible in the court of law if it was given voluntarily. There are many different factors that a judge or court will consider to determine whether or not a confession was given voluntarily. The factors that are considered are: the time elapsed between the arrest and the charging of the suspect, if the individual was aware of the nature of the crime they were being charged at confession, whether or not they knew that they were not required to make a statement, and if they were advised of their Miranda Rights.  (18 U.S. Code 3501)


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