Voluntary Statement and a Custodial Interrogation Paper

Feb 3rd, 2012
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In a 3-4 paper, using your own words and APA formatting, examine the difference between a voluntary statement and a custodial interrogation. Using at least two relevant court cases, be certain to address when and how a voluntary statement can become a custodial interrogation.

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Voluntary Statement and a Custodial InterrogationNameClassDateProfessorVoluntary Statement and a Custodial Interrogation In order for police to develop information on a crime they will need to conduct interviews with witnesses of the crimes and potential suspects. Police officers conducting the interviews with criminal suspects must tread carefully to avoid violating their due process rights but interviews with witnesses do not have the same due process protections. When police interview suspects, while in custody, they must first warn them of their right to remain silent and right to have an attorney present during any questioning. The voluntary statement is given to police freely by the suspect. Statements given by suspects can become pivotal to the court case. Because criminal suspects have due process rights how these statements are collected becomes vey important in the criminal investigation and the court process. The voluntary statement is just that, voluntary but that does not always mean it will be used in the criminal investigation. When statements are collected illegally they will be excluded from the court process. When statements are collected legally they become important and valuable pieces of evidence that can be used against the criminal suspect in the court of law. Prior to the 1960's police would force, coerce, or illegally collect statements and confessions from suspects during questioning despite the Fourth Ame

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