Fifth Amendment places a number of restrictions upon law enforcement when conducting interrogations
Law enforcement is motivated to obtain confessions. However, the Fifth Amendment places a number of restrictions upon law enforcement when conducting interrogations.
a. Offenders present with a number of factors that must be considered when conducting an interrogation. Variables such as age, mental health, IQ, substance use and even lack of sleep, may cause the investigator to question the accused's ability to voluntarily waive Miranda and to participate in the interrogation. What steps must law enforcement take to ensure that an accused's willingness to communicate with law enforcement during an interrogation is voluntary?
b. Why do innocent people confess to crimes they did not commit? You must cite to at least 3 reasons. Further, please discuss the impact of false confessions and suggest procedures that can be implemented from a law enforcement perspective to reduce false confessions.
Sample Solution
The Fifth Amendment to the United States Constitution protects individuals from being forced to incriminate themselves. This means that law enforcement cannot simply interrogate a suspect and force them to confess. Instead, the suspect must voluntarily waive their Miranda rights before they can be interrogated.
To ensure that a suspect's waiver of Miranda rights is voluntary, law enforcement must take the following steps:
- Advise the suspect of their Miranda rights. This includes the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if they cannot afford one.
Full Answer Section
- Make sure the suspect understands their rights. This may require law enforcement to explain the rights in simple terms and to answer any questions the suspect has.
- Obtain a written waiver of rights. The waiver should be signed by the suspect and should state that they understand their rights and are waiving them voluntarily.
- Age: Young people may not fully understand their rights or the consequences of waiving them.
- Mental health: People with mental health issues may be more susceptible to coercion or pressure from law enforcement.
- IQ: People with lower IQs may have difficulty understanding their rights or the implications of waiving them.
- Substance use: People who are under the influence of drugs or alcohol may not be capable of voluntarily waiving their rights.
- Lack of sleep: People who are sleep-deprived may be more susceptible to coercion or pressure from law enforcement.
- Why do innocent people confess to crimes they did not commit?
- Coercion and pressure. Law enforcement officers may use coercion and pressure to get a confession, even from innocent people. This can include threats, promises, or long periods of interrogation.
- False promises. Law enforcement officers may make false promises to innocent people, such as promising them leniency or a lighter sentence if they confess.
- Innocent people may misunderstand their rights or the implications of waiving them. This can lead them to confess to a crime they did not commit, believing that they are doing the right thing.
- Mental health issues. People with mental health issues may be more susceptible to false confessions. This is because they may be more suggestible or may have difficulty understanding their rights.
- Interrogation techniques. Some interrogation techniques, such as the Reid Technique, are designed to elicit confessions from suspects, even if they are innocent. These techniques can be very effective, even on innocent people.
- Training law enforcement officers on the risks of false confessions. Law enforcement officers should be trained on the factors that can lead to false confessions and how to avoid them.
- Prohibiting the use of coercive interrogation techniques. Interrogation techniques that are designed to elicit confessions, even from innocent people, should be prohibited.
- Requiring a written waiver of rights before interrogation. A written waiver of rights should be required before any interrogation takes place. This will help to ensure that the suspect's waiver is voluntary.
- Providing access to an attorney during interrogation. Suspects should have access to an attorney during interrogation. This will help to protect them from coercion and pressure.