Loading...

Messages

Proposals

Stuck in your homework and missing deadline? Get urgent help in $10/Page with 24 hours deadline

Get Urgent Writing Help In Your Essays, Assignments, Homeworks, Dissertation, Thesis Or Coursework & Achieve A+ Grades.

Privacy Guaranteed - 100% Plagiarism Free Writing - Free Turnitin Report - Professional And Experienced Writers - 24/7 Online Support

What is a voluntary statement

22/11/2021 Client: muhammad11 Deadline: 2 Day

Voluntary statement

Voluntary Statement and a Custodial Interrogation

Name

Class

Date

Professor

Voluntary 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 Amendment protection rights of the citizen. As a result many people went to jail on illegal evidence. In order to resolve this problem the Supreme Court ruled in the case of Miranda vs. Arizona that police could no longer collect statements from suspects without first warning them of their due process right to remain silent and to have an attorney present during any questioning (Klein, 2001). These rights are afforded in the Fourth and Fifth Amendments.

The case of Miranda vs. Arizona involved criminal suspect being charged and convicted of rape after police illegally obtained his confession. Police were obligated due to a previous ruling in Escobedo vs. Illinois to warn criminal suspects of their right to an attorney before any questioning (Klein, 2001). Police failed to warn suspect Miranda of this right and when the case went in front of the Supreme Court the court further ruled police must also warn suspects of their right to remain silent. As a result the Miranda Warning developed which I a requirement for police to warn a suspect of their rights while being questioned. Failure to warn the suspect can result in the statement being thrown out of court.

Now the voluntary statement is a little trickier than the custodial statement. Even if a statement is given voluntarily by the suspect it will not always be considered legally obtained. In order for a voluntary statement to be legal it must be given freely without any coercion by police. If a statement is given spontaneously without any questioning by police once a suspect has been taken into custody that statement is considered legal. In the case of Tuttle vs. People the court ruled a statement, to be voluntary, must proceed from the spontaneous suggestion of a party's own mind, free from the influence of any extraneous, disturbing cause (Kluwer, 2010).

A voluntary statement can become a custodial interrogation if police follow up the statement with questions without first giving the suspect their Miranda Warning. When police arrest suspects for a crime they immediately give the Miranda Warning in the event they make a statement. When this does not happen and a voluntary statement is made the police officer must follow up this voluntary statement with a Miranda Warning to protect any further admissions made by the criminal suspect. For example if a suspect runs up to a police officer and says “I shot the intruder when he broke into my house”. This statement is voluntary because it was spontaneous.

The custodial interrogation is different from questioning a suspect that is not in police custody. In other words a police officer can suspect a person is responsible for a crime and question them. The Miranda Warning is not required until the suspect is being placed in the custody of police whether by arresting the suspect or by questioning the suspect at police headquarters in a interrogation room. If the criminal suspect believes they are in the custody of police they must be given a Miranda Warning. When criminal suspects are not warned by police of their rights it can result in the evidence being excluded based on the Exclusionary Rule.

The Exclusionary Rule is the result of a ruling in the case of Weeks vs. United States where the Supreme Court found any confession or evidence obtained illegally by police would be excluded as evidence in the court process (Kluwer, 2010). After the ruling in Miranda the Exclusionary Rule was applied to the custodial interrogation and the voluntary stamen ruled illegal. Later in the case of Silverthorne Lumber Co. vs. United States the court also rules any evidence obtained from the illegal interrogation will also be subject to the Exclusionary Rule based on the “Fruit of the Poisonous Tree” doctrine.

The custodial interrogation and the voluntary statement are both statements provided to police by suspects. Both statements are constitutionally protected but the voluntary statements will only be excluded by the court process if obtained illegally. Custodial interrogations cannot be conducted without a Miranda Warning first being given to the suspect while voluntary statements can be freely given and used against the suspect in a court of law. The statements given by suspects can be essential to the court case so it is important that police are careful to give the appropriate warnings to protect this evidence.

References

Klein, S. (2001). "Miranda's Exceptions in a Post-Dickerson World." Journal of Criminal Law

and Criminology 2(1): 567–96

Kluwer, W. (2010). The Exclusionary rule. Retrieved July 14, 2014 from

https://www.inkling.com/read/wolters-kluwer-mbe-bar-prep/mbe-criminal-law-and-procedure/

Homework is Completed By:

Writer Writer Name Amount Client Comments & Rating
Instant Homework Helper

ONLINE

Instant Homework Helper

$36

She helped me in last minute in a very reasonable price. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up!

Order & Get This Solution Within 3 Hours in $25/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 3 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 6 Hours in $20/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 6 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 12 Hours in $15/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 12 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

6 writers have sent their proposals to do this homework:

Engineering Exam Guru
Pro Writer
Finance Homework Help
Homework Tutor
Innovative Writer
Homework Master
Writer Writer Name Offer Chat
Engineering Exam Guru

ONLINE

Engineering Exam Guru

I am an experienced researcher here with master education. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You

$26 Chat With Writer
Pro Writer

ONLINE

Pro Writer

As an experienced writer, I have extensive experience in business writing, report writing, business profile writing, writing business reports and business plans for my clients.

$16 Chat With Writer
Finance Homework Help

ONLINE

Finance Homework Help

I will provide you with the well organized and well research papers from different primary and secondary sources will write the content that will support your points.

$39 Chat With Writer
Homework Tutor

ONLINE

Homework Tutor

I have done dissertations, thesis, reports related to these topics, and I cover all the CHAPTERS accordingly and provide proper updates on the project.

$39 Chat With Writer
Innovative Writer

ONLINE

Innovative Writer

I am an experienced researcher here with master education. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You

$44 Chat With Writer
Homework Master

ONLINE

Homework Master

I have read your project details and I can provide you QUALITY WORK within your given timeline and budget.

$45 Chat With Writer

Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam.

Similar Homework Questions

Fog index in word - Bamboo consulting is a consulting firm owned - What is inappropriate communication - Aging - What are reserved words with a programming language - Assisted suicide speech outline - Micro - English - DNP Nursing & Psychology - Michael Jackson Varsity Jacket - Joe dolce you toucha my car i breaka you face - Final Paper - Lord and taylor mac makeup - 20 Pages - 2.05 bill of rights email - Together with their families invite you to celebrate their wedding - Functional level strategy of amazon - How to improve psrr of ldo - Who was involved in the boston busing - Apply porter's value chain model to costco - Business strategy game login - Interpersonal communication class reflection essay - Intervention specialist interview questions - Malcolm x learning to read answers - Paper - Book review on hound of baskervilles - Cry the beloved country chapter 7 - They say i say table of contents - Gat writing task 1 example - Reply 1 and 2 ,150 words each ,please add references and citations by 10/23/2020 - Thursday - Search and Seizure - Qut gym kelvin grove - Time for business workbook answers - Impediments to critical thinking - Birch park senior center has a weekly payroll of 12500 - Economics - Unisa withdraw without fail - How to cite a guest speaker - Post Op Cesarean Birth - Under the acid soaked railway borderlands 2 - Ms paint drawing tips - What is the correct formula for aluminum nitrate - STR/581 week 6 - Is cockapoo a recognized breed - General equation for combustion - How to find my lightroom 4 serial number - Blocked vs random practice - Cpl food safety answers - To kill a mockingbird chapter 20 questions - Active leaders need self confidence because - Los primos ____ bien. - Research Paper - In interpersonal communication feedback is generally delayed - Palm jumeirah completion date - Annotated Bibliography for Persuasive Speech - During its first year of operations the mccollum corporation - Hazelwood school district losing accreditation - Nitro pdf web browser plugin - Revise the dissertation - Persuasive speech outline on depression - Four process strategies - 16a willmot avenue toongabbie - A bipartisan agenda for change - Open ended family focused questions - Assessment bias in the classroom - Parent child interaction model by kathryn barnard - Physics - Listening skills in counselling ppt - A tow truck pulls a car 5.00 km - Emissivity of tungsten as a function of temperature - Bus.com 5 - Buy property greek islands - I am very real kurt vonnegut - How to calculate altman z score in excel - How does perdue treat their chickens - Writing - Topas aix cpu usage - Amada punching machine programming - Persuasive techniques personal experience - Who is the antagonist in the glass menagerie - Workstation domain risks - Umuc webtext - How to write a teel introduction - Religion assignment - Lp i joist span table - Final exam - Computer aided manufacturing meaning - CIS 220, Business Information Systems and Analytics - The Defective Chessboard - Act government enterprise agreement - Victory motorcycles headquarters - Order 2360641: Dress Code Case Study & Rationale - Lateral violence in nursing powerpoint - In physical size mycoplasma genitalium is - Mise en scene elements - Short essay - The “increasing activities and elevating mood” phase of beck's treatment for depression: - Shree swaminarayan prasadi mandir bhuj gujarat - Vertical integration is going backward on an industry's value chain