Under what circumstances may a confession be deemed unconstitutional? Discuss each one in detail
What will be an ideal response?
The first is that the confession must be made voluntarily, that is one that is made free or force or coercion. Secondly, the confession must have been made freely, that there was no threat made, thirdly, the confession must have been made with any promise. That may come in the form of lessened sentence, dismissal of other charges, or similar types of promises. In determining whether a confession or statement may be used as evidence, courts use the totality of the circumstances test. When a court looks at the whole picture (totality of the circumstances), it considers all of the following factors:
- Suspect vulnerabilities: Age (very young or very old), education, mental impairment, or physical condition that could make the suspect vulnerable. Was the suspect an alcoholic or a drug addict, a chain smoker, someone in need of a drink, a fix, or a cigarette?
- Interrogating factors: Length of questioning; number of officers; time of day or night; denial of food, water, heat, sleep, or other basic necessities. Did the questioning overbear the will of the accused?
- Place of questioning: Was questioning done in an isolated area of a police station, or did it occur in the suspect's home or office or in a public place?
- Other factors: Were any threats, promises, deception, lies, or trickery used?
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Indicate whether the statement is true or false
In its Wilson decision, the Supreme Court created the "identifiable human needs" standard for determining Eighth Amendment violations.
Answer the following statement true (T) or false (F)
The prefatory note to the Controlled Substances Act of 1970 attributed the increase in drug use to these two factors:
a. Depression and mental illness b. Increased mobility and affluence c. Inexpensiveness and strength of drugs d. None of the above
The First Amendment provides which of the following rights?
A. speech B. press C. assembly D. all of the above