The Relationship between the Sixth Amendment and Police Interrogation BREWER v. WILLIAMS (WILLIAMS I), 430 U.S. 387, 97 S.CT. 1232, 51 L.Ed 424 (1977). The deceased, Pamela Powers, was on a family vacation at the YMCA in Des Moines, Iowa. A search was made in the attempt to find Powers when she did not arrive back from her trip to the washroom. The defendant, Robert Williams, was an escaped mental patient who resided in the YMCA where Powers’ family went for their vacation. A witness spotted the defendant carrying a large bundle with two white legs sticking out. The defendant’s lawyer stepped into a De Moines police station where he informs the police officers he received a phone call from Williams on what he had done. The lawyer, Henry McKnight, advised Williams to turn himself in which he did the next morning. He was booked and charged by Davenport authorities and given his Miranda Warnings. Williams had council in Davenport as well. Police Detective Leaming was ordered to pick up Williams from Davenport and bring him to Des Moines. Both lawyers urged Williams to not speak about Pamela Powers with the officers in the car ride until after consulted with McKnight in Des Moines. An agreement was made between McKnight and Detective Leaming that Leaming would not question the defendant without counsel regarding to the deceased during the trip. Both Leaming and Williams were reminded multiple times to not talk about Ms. Powers until council was present. During the trip back to Des Moines, Williams tells the office that he will tell the whole story when he sees his lawyer. The Detective used his knowledge of the defendant’s religious background to deliver his “Christian burial speech.” This speech suggested that Williams should confe... ... middle of paper ... ...he investigation can also be considered violation (Holland, 2009). Reference Del Carmen, R. V., & Walker, J. T. (2011, October 12).Top 10 cases for police series, part 1. Retrieved from http://www.lawofficer.com/article/training/top-10-cases-police-series-par Holland, B. (2009). A relational sixth amendment during interrogation. The Journal of Criminal Law and Criminology, 2(99), 381-434. Retrieved from http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7321&context=jclc Kamisar, Y., LaFave, W. R., Israel, J. H., King, N. J., Kerr, O. S., & Primus , E. B. (2012). Basic criminal procedure: Cases, comments, and questions. (13 ed., pp. 739-746). St. Paul, Minn: West. Standler, R.B. (2010). "Christian Burial Speech" in Brewer v. Williams [PDF file]. Available from http://www.rbs2.com/cbs.pdf
Lab, S., Williams, M., Holcomb, J., Burek, M., King, W., & Buerger, M. (2013) Criminal Justice The
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
...a [Lecture]. SSCI 1000 Introduction to Criminal Justice. University of Ontario Institute of Technology. Retrieved November 18, 2013
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
Siegel, L., & Worrall, J. (2017). Pretrial and Trial Procedures. In Introduction to Criminal Justice (15th ed., pp. 389-395). Wadsworth Pub
Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2009). Criminal Procedure for the Criminal Justice Professional (10th ed.). Belmont, CA: Wadsworth, Cengage Learning.
The act of interrogation has been around for thousands of years. From the Punic Wars to the war in Iraq, interrogating criminals, prisoners or military officers in order to receive advantageous information has been regularly used. These interrogation techniques can range from physical pain to emotional distress. Hitting an individual with a whip while they hang from a ceiling or excessively questioning them may seem like an ideal way to get them to reveal something, but in reality it is ineffective and . This is because even the most enduring individual can be made to admit anything under excruciating circumstances. In the Fifth Amendment of the Bill of Rights there is a provision (“no person shall be compelled in any criminal case to be a witness against himself” ) which reflects a time-honored common principle that no person is bound to betray him or herself or can be forced to give incriminating evidence. This ideology of self-incrimination has been challenged heavily over the past s...
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.
An Historical Argument for the Right to Counsel During Police Investigation. (1964). The Yale Law Journal, 1000-1057.
Scheb, J. M., & Scheb, J. M. (2011). Criminal law and procedure. Belmont, CA: Wadsworth
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
Lippman, M. (2012). Contemporary Criminal Law Concepts, Cases and Controversies (3rd ed.). [Vitalsouce Bookshelf version]. Retrieved from http://online.vitalsource.com/books/9781452277660/5/3
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law