June 20th, 2008 08:34 PM
Legal question for college paper
I am taking a criminal Justice course in college and I am not to sure. The question is If Law Enforcement use tricks, deceptions, and lies to obtain a confession from a suspect does this contradict the intent of the Fifth Amendment? I know the use of tricks is Entrapement but and I know the fifth amendment protects u from testifying against your self and double jepordy
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June 20th, 2008 08:50 PM
Unnecessary Evil: Police Lying in Interrogations, 28 Conn. L. Rev. 425 (1996)
Frazier v. Cupp, 394 U.S. 731, 739 (1969)
People v. Jordan, 597 N.Y.2d 807 (N.Y. App. Div. 1993)
State v. Baldwin, 125 N.C. App. 530 (March 4, 1997)
State v. Jackson, 308 N.C. 549 (1983)
The law review article and those case should get you moving in the right direction.
June 20th, 2008 09:29 PM
Lying is not entrapment, entrapment has a very specific legal definition and thats not it.
You can as an LEO say pretty much whatever you want during an interview, but more often than not lying will come back to bite you and its not a recommended method.
June 21st, 2008 12:20 AM
one thing LEO's use in interrogation is you're guilty mind,they may lead you to believe they know more than they actually do and that to protect yourself they need you're side of the story,that is not entrapment if you put yourself at the crime scene,or try to say yeah I was there but beavis did it
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June 21st, 2008 04:47 AM
Sadly, another reason to let your lawyer do the talking...
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June 21st, 2008 07:38 AM
Whatever you say can and will be held aginst you.
If the police are interviewing you, after 10 or 16 hours you'll be close to, if not past, your 'breaking' point. You'll say/believe just about anything if the stress of the situation has weakend your resolve.
Shut up and lawer up. The police want a confession and a convection.......they can say what they want(pretty much) but you, however, shouldn't.
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June 21st, 2008 07:47 AM
Originally Posted by goldshellback
Lawyer up - Good advice
However, it should be remembered by all of us that most LEOs want a confession and a conviction only of the guilty party. Deception of the person being interrogated is allowed by the courts. Lying to any officer of the court is not.
June 21st, 2008 09:24 AM
Here's a good (but long) video of a law professor & police officer talking on why you should not talk to the police. Have your lawyer do it for you. The police officer (bottom video) talks more about lying to the suspect to get a confession.
Washington Ceasefire - Law Professor Explains Why Innocent Citizens Should Never Speak to Police Officers (video)
June 21st, 2008 11:59 AM
Legally, I'm sure you know what the definitions/limits are; your paper seems to be asking for an opinion on/analysis of the question than a regurgitation of the textbook answer.
Entrapment isn't the simple use of tricks or lies; it's when the authorities induce someone to commit a criminal act that they wouldn't ordinarily be disposed to. Asking someone if they want to buy or sell drugs and getting an affirmative response is not entrapment, nor is posing as a member of a criminal gang and introducing the members to another undercover who will sell them illegal items that they want.
Entrapment occurs when, let's say, an undercover officer goes to a pharmacist and asks to buy some scrips illegally, and the pharmacist refuses. The UC then concocts a story, appealing to the pharmacist's emotions, about how his uncle who is in fantastic pain from cancer can't get or afford the medications properly. After a week, the pharmacist breaks down and sells the pills illegally. The pharmacist can successfully say he was entrapped.
But I'm also confused about whether you want to know about police "tricks" in terms of investigation (lying about their identity as an undercover, etc., for purposes of gathering information about criminal activities) or in terms of an interrogation by known officers either before or after an arrest. There's also the the possibility of a law enforcement officer posing, say, as a jail inmate and getting the suspect to admit the truth without knowing he's talking to a cop...
So what exactly is the issue you want to discuss in your paper?
July 2nd, 2008 08:14 PM
July 2nd, 2008 08:18 PM
July 27th, 2008 12:24 PM
The unfortunate point made by the police officer was that reality runs contrary to the widely touted concept that an individual is presumed innocent until proven guilty in a court of law. The truth is any person who finds him/herself sitting next to a defense attorney, while a uniformed officer's testimony differs with that of the defense will already have two strikes against them as far as most juries are concerned.
Originally Posted by bluelineman
I have sat as a member of the jury on two criminal cases where at least a few jury members stated during our deliberation that they had already decided the defendant was guilty just because: "no one other than a guilty person would be in the defendant's chair in the first place."
Sad, but true.
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