Consider that you are a deputy, and have just reviewed the following principles of contemporary criminal procedure:
a. An involuntary statement is considered to be inherently untrustworthy or unreliable, and convictions based on unreliable evidence violate due process.
b. Coercive police practices are a violation of fundamental fairness, an essential element of due process; therefore, a confession coerced by the police violates due process, even if that confession is otherwise reliable.
c. Free choice is an essential aspect of due process, and an involuntary confession cannot be the product of a person's free and rational choice.
?
In your opinion, sometimes there are situations where force is necessary to gain confessions. With this in mind, but also considering the above prinicples, how forceful is acceptable and why? What are better alternatives? Also, what do you think should have happened to cases where force was exercised prior to the Brown v. Mississippi case? Have you heard of any cases since then that have used force to any degree either? What are your thoughts on those cases? Please fully explain.
What will be an ideal response?
Student responses will vary.
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