ipl-logo

Custodial Interrogation Analysis

1188 Words5 Pages

Custodial interrogations remain a gray area that has often attracted numerous debates and raised various legal questions. This involves restraining the freedom of movement of an individual even though the said individual has not been subjected to any kind of arrest. This mostly affects minority communities even though they might not pose flight risks. It has often been documented that through custodial interrogations, law enforcement agents use various manipulation techniques that force unsuspecting individuals to give testimony that might prove self-incriminating (Dinos, 2015). For this reason, custodial interrogations are believed to infringe rights, especially since suspects are allowed to have an attorney present at all times. Defendants …show more content…

Human rights are divided into two major parts; universal human rights, and national human rights. Universal human rights are those rights that guide every nation to act in a specific way in the protection of the human being regardless of economic, social and political differences (Vazsonyi, 2016). National human rights are those secondary rights but deemed fundamental by every nation as stipulated in their constitution. Several international conventions and treaties support human rights across the globe, and all these seek to address the issue of discrimination in criminal justice systems. For example, United Nation 's Universal Declaration of Human Rights, International Covenant on Economic, Social, and Cultural Rights, among others are at loggerheads in fighting for human rights at different …show more content…

The constitution guarantees every citizen to enjoy equally and exercise their fundamental freedom equally. This is extended to the available opportunities in the political, economic, cultural, and social environment. People should not be discriminated in relevance to their sex, age, race, health status, disability, or any other discriminatory element (Shen, 2017). The state should be at the forefront of protecting its citizens through a judicial process against and discriminatory act. All individuals should be accorded the right to freedom and security. This right protects the citizens and anybody present in the country either as a tourist, investor or on any other term from being treated or subjected to a cruel punishment or in a degrading manner. This includes corporal punishment, torture in any manner deemed cruel, detention without trial, except during a state of emergency where different laws might apply.
Freedom of expression is another fundamental right guaranteed to the citizens as stipulated in the constitution. This right is guided by another principle, which might result in violation of another right (Dunford, 2016). These freedoms include freedom of both academic and scientific research, freedom to seek, receive or impart information or ideas, and finally the freedom to exercise talents. Contrary to this outlined freedom, in exercising this right, every

Show More
Related

  • Uniforms United Vs. Button Barn Summary

    1032 Words  | 5 Pages

    False imprisonment is also shown through threat to a person that forces them to stay. Court law proves that this threat can also be to that person’s liberty,

    Read More

  • How Did Sara Ryker Confess Voluntarily Under The Circumstances When Officers Questioned Her?

    1501 Words  | 7 Pages

    In Wakefield, the accused asserted that his confession was involuntary partially because the police officers conducting his interrogation had isolated him from outside help. Id. at 943. However, on the record of the interrogation, when the accused asked if he could use the phone to get in contact with his sister and his girlfriend’s mother, the police officers immediately suggested that they take a break from the interrogation so that he could do so. Id. at 944. The court determined that based on this interaction, the officers had not isolated the accused from the outside world.

    Read More

  • Juvenile Court Case Of Fare Vs. Michael C.

    774 Words  | 4 Pages

    In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background.

    Read More

  • Miranda V. Arizona Case Study

    682 Words  | 3 Pages

    “The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. ”-Chief Justice Warren (landmarkcases.org). In March of 1963 an eighteen year old woman was assaulted. The suspect was interrogated without being read his rights.

    Read More

  • Summary Of Fare V. Michael C.

    734 Words  | 3 Pages

    Fare v. Michael C. is a case from 1979 where the United States Supreme Court reviewed what would make a juvenile’s confession inadmissible in court (Elrod & Ryder, 2014). The case begins with the respondent, Michael C., a 16-year-old juvenile being taken into custody by Van Nuys police in California on the suspicion of murder. He was immediately taken to the police station for questioning. Prior to the beginning of questioning, police fully advised Michael of his rights under Miranda v. Arizona. At the beginning of the questioning, Michael, who was on probation in the Juvenile Court, asked for his probation officer to be present.

    Read More

  • No Probable Cause To Arrest Hayes Essay

    551 Words  | 3 Pages

    Dunaway v. New York 442 U.S. 200 (1979), (Detention for interrogation). Terry v. Ohio, 392 U.S. 1 (1968), (reviewed the application of unreasonable seizures). References; Joe HAYES v. FLORIDA, 470 U.S. 811, 105 S. Ct. 1643, 84 L. Ed. 2d 705

    Read More

  • Un Charter Dbq

    796 Words  | 4 Pages

    These human rights 'instruments', as they are called, have fixed how many rights apply to particular groups of human beings such as women or children. They have also come up with new ideas that were not part of the thinking of those who first drafted the Universal Declaration. The link between human rights and other pillars is clearly evident all the way through the UDHR. First, it allows, in the Preamble, that the credit of the unchallengeable rights of all people is the groundwork of freedom, justice and peace across the world. Secondly, it expands the UN Charter’s stated purpose of encouraging growth by giving economic, social and cultural rights the in the same degree of safety that an individual finds for civil and political rights (Marshall

    Read More

  • Pros And Cons Of The Declaration Of Independence

    560 Words  | 3 Pages

    Despite the current state of affairs, citizens still possess the right to freedom of expression, freedom of the press, freedom of religion, and the right to petition the government. Equal opportunity is still an ideal that stands today and becomes better with time because it gives all citizens the same opportunity. Despite advances in technology, ideals of justice still stand as the legal system remains in place to protect citizens and keep them safe. It is important to note that all these ideals still exist and have improved over time in order to keep the value of safeguarding people's rights as the basis of the political

    Read More

  • The Fifth Amendment

    1098 Words  | 5 Pages

    These articles and amendments work as the bridge that connects the structure of the present-day American Government. But at this present moment, the dream has been shattered with media coverage shown around the world of the equality aspect being destroyed. The police brutality against minorities and African Americans especially have contrasted with the structure built by the founding fathers. The controversial question is, the constitution written to protect all or just some who fit the so call American profile? Whiles, we look at the posed question we can look at one of the most protection driven amendments made.

    Read More

  • Gagnon V. Scarpelli Case Summary

    963 Words  | 4 Pages

    Originating in the Wisconsin Eastern U.S. District Court, the Supreme Court case of Gagnon v. Scarpelli (1973), involved a Wisconsin State Agency (Gagnon, Warden v. Scarpelli, n.d.). Later appealed to the U.S. Court of Appeals, Seventh Circuit, this case was ruled in a liberal direction and concluded that the earlier decision is affirmed (Gagnon, Warden v. Scarpelli, n.d.). Case factors include violations of the Fourteenth Amendment right to due process and the need for counsel at a revocation hearing (Gagnon, Warden v. Scarpelli, n.d.). Moreover, in this case, the court held that parolees do have a limited right to counsel in revocation proceedings (Latessa & Smith, 2015). Furthermore, that the body must determine on a case-by-case basis whether counsel should be afforded, as counsel may not always be granted (Latessa & Smith, 2015).

    Read More

  • Eli Wiesel's Night: The Universal Declaration Of Human Rights

    450 Words  | 2 Pages

    These rights were the Right to Equality, Freedom to Slavery, and the Freedom of Torture. The Universal Declaration of Human Rights must not be violated at any cost. According to the Universal Declaration of the Human Rights, it states that, “We are all born free and equal to every other human being. All human beings are born in dignity and rights.”

    Read More

  • Mass Incarceration Research

    1751 Words  | 8 Pages

    Given these inconsistencies, mass imprisonment has introduced the criminalization of minority racial status, behavioral well-being issue, and destitution. Additional frustrating, the procedure of imprisonment worsens drawback and vulnerabilities among these as of now minimized gatherings (Clear, 2007; Roberts, 2004; Sampson and Loeffler, 2010). Once detained, a man 's entrance to the routine method for a citizenry that advance distance from wrongdoing is for all time disturbed (Reverse social work 's disregard of justice-included adults: The crossing point and a plan, 2012). At present, there are more than 40,000 state and neighborhood statutes that boycott individuals with histories of detainment from access to instruction, livelihood, lodging, and other social and wellbeing administrations accessible to the overall population (Legal Action Center, 2009). Kids with detained guardians will probably have behavioral and passionate issues and are six times more prone to be imprisoned sometime down the road.

    Read More

  • Why The First Amendment (And Journalism) Might Be In Trouble

    1055 Words  | 5 Pages

    Freedom of expression is one of the laws the forefathers of America made to empower its citizens and also enables them to live in peace amongst themselves. In most countries around the world, freedom of expression does not exist, so there is always war in those countries. In the article “Why the First Amendment (and Journalism) Might Be in Trouble”, the authors, Ken Dautrich, chair of the Public Policy at the University of Connecticut and John Bare, who is the vice president for strategic planning and evaluation at the Arthur M. Blank Family foundation in Atlanta, conducted a research study on the importance of freedom of speech. They used their research findings to support freedom of expressions. They employed claim of policy, claim of fact and also appeal to pathos and logos in their argument of the importance of the freedom of speech.

    Read More

  • Social Justice Refugee

    1120 Words  | 5 Pages

    Correspondingly, the Universal Declaration of Human Rights depend on dignity, equality and mutual respect – regardless of your nationality, your religion or your beliefs. Your rights are tied in with being dealt with reasonably and treating others decently, and being able to make on decisions about your own life. These fundamental human rights are: Universal; They have a place with every one of us; They can't be detracted from us, Indivisible and independent Governments should not have the capacity to choose

    Read More

  • Advantages Of Freedom Of Speech

    2363 Words  | 10 Pages

    1.0 INTRODUCTION In the Universal Declaration of Human Rights (UDHR), freedom of speech falls under the Article 19 which is the freedom of opinion and expression. It protects one’s freedom ‘to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’ (The United Nations, 1948). Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) adds that the freedom of expression could be ‘either orally, in writing or in print, in the form of art, or through any other media of his choice’. Besides being an individual’s fundamental liberty of expression, Santa Clara University School of Law Professor Russell W. Galloway (1991) states that free speech is the ‘matrix of all other freedoms’.

    Read More

More about Custodial Interrogation Analysis

Open Document