wk 4 forum 1 elmer

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

The main difference between an arrest and custodial interrogation in that during an arrest you are physically detained from going anywhere. Now, during a custodial interrogation the individual has already been arrested and is in custody of police, and they are now being asked questions or interrogated. Miranda comes in after the arrest, and prior to the custodial interrogation informing the individual of their rights, and how they may want to proceed by either invoking the Fifth amendment or requesting an attorney. 

  1. 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?

The court determines if a confession is admissible or not by the method which it was obtained, meaning if an individual was forced or coerced into giving a confession, or if it was voluntarily given. All the circumstances surrounding the confession must be taken into account.  If an individual decides to confess to a crime after their arrest, their confession will likely be used in court because during the time of their arrest they were advised of their rights and chose not to invoke them when being questioned by police. Another factor would be if the individual knew what they were being accused of. It wouldn’t make sense for someone to confess to a crime that they didn’t commit, unless they were coerced. We know that if a confession was coerced from an individual it will likely cause the entire case to be thrown out. 


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