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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
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
``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.
On the morning of December 18, 1992, two brothers were shot and killed in their home in Houston Texas. Police recovered six shotgun shell casings at the home and their investigation led them to defendant Genovevo Salinas who agreed to hand over his weapon for ballistics testing and to go to the police station for questioning. The interview lasted for about one hour, and both parties agree it was noncustodial therefore he was not read his Miranda warning. Salinas answered most of the officer’s questions during the interview, but fell silent and his body tensed up when asked if the shotgun would match the shells recovered at the murder scene. After a few minutes of silence, the officer continued to ask more questions, which he did answer. Salinas did not testify at his own trial and, even with his objection, the prosecution used his silence in response to the officer’s question as evidence that he was guilty.
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...
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.
The Escobedo V. Illinois case had captured the grand stage in 1966 for, a man named Danny Escobedo was denied his rights to obtain a lawyer during questioning by the Chicago Police Department. Escobedo was convicted for shooting and was taken to the police department for questioning. Escobedo had made numerous attempts trying to request a lawyer, but was not provided one violating his Sixth Amendment Rights: “The right of a criminal defendant to have a lawyer assist in their defense.” Unfortunately, Escobedo had confessed to the murdering which also violated the Fifth Amendment of “self-incrimination” being forced a confes...
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
The 6th Amendment guarantees a person accused of a crime compulsory process, the right to present witnesses in his defense. The importance of compulsory process is illustrated in the case Washington vs. Texas, where Jackie Washington was tried for murder. A state court ruled that Washington could not have an accomplice in the crime testify in his defense. However, the Supreme Court ruled that the state’s refusal to allow the defendant a capable witness violated the 6th Amendment. Therefore, the Supreme Court overruled the court’s c...
Siegel, L. J., & Worrall, J. L. (2012). Issues in Policing. Introduction to Criminal Justice (13th ed., pp. 252-258). Belmont, CA: Wadsworth.
First and foremost, is the case of Peter Reilly. Peter Reilly was convicted of manslaughter at the age of nineteen in 1974 (Lender, 2011). Reilly had found his mother dead in their home (Lender, 2011). Peter Reilly was interrogated without legal council for over an entire day’s t...
Byrd, S. (2005). On getting the reasonable person out of the courtroom. Journal of Criminal Law. 571-571. Retrieved from http://heinonline.org/HOL/LandingPage?handle=hein.journals/osjcl2&div=41&id=&page=
activity, witnesses are also available to testify for and against the accused according to the Sixth
Lynch, Tim. "National Police Misconduct Newsfeed Daily Recap (03-19-14)." PoliceMisconductnet. CATO Institute, 2014. Web. 21 Mar. 2014.
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law