Police Interrogation and Due Process Research Paper

Police Interrogation and Due cognitive process - Research Paper ExampleThe above principles which are contained in the 5th amendment are very burning(prenominal) to an individual accused of a crime. Although the amendment is viewed to contain various provisions, four elements widely protects an individual accused of a crime are right of protection against double jeopardy, right to due process, a right to what is know as grand jury and finally, right against self incrimination (Tomkovicz, 2002). Within courts in the United States, whenever questions rally in evil trials whether a confession is incompetent because it is not viewed to be voluntary this issue is in the main controlled by the 5th amendment commanding that specific individual shall at each given condemnation be compelled in a criminal case to be a find out against himself. Self incrimination indicates that no person accused of a particular crime may be compelled to be a witness against her/himself. Supreme appea l ruled that this specific action is only available not only police enquiry but also the trial. Further, this same rule may only apply to custodial interrogation where police interrogates an individual while in custody. Grand jury is defined as a conclave of individuals who decide whether there is enough evidence to charge a particular suspect. However, the US Supreme dally has not ruled on this requirement to apply to the states. Double jeopardy implies that individuals may not be punished and tried twice for the same crime. This area is complex such that even Supreme Court struggle with it. Finally, based on the due process, the 5th amendment indicates that no one should at any time be deprived property, life and liberty without due process of the law. The two types of due process are substantive and procedural. Procedural type focuses on fundamental fairness whereas substantive widely extend beyond the context of criminal prosecutions (Sonneborn, 2004). 4th Amendment Clearly, it is the legal responsibility for any government to provide each and any defiant in any criminal action with legal representation which must be viewed to be effective. This is explained by the 6th amendment to the U.S that states In all criminal prosecutions, the accused shall enjoy the rightto have the financial aid of counsel for his defense. This clause gives all suspects the right to communicate with an attorney from the specific moment the defendant was taken into police custody. Decision by U.S Supreme Court to have constructed this clause was to ensure that any defiant enjoyed the constitutional right especially during critical stages in a criminal proceeding. These critical stages are namely preliminary hearings, custodial interrogation, trial, post indictment, first appeal conviction and sentencing (Chemerinsky, 2002). This same clause was in the first place to react against English practice where assistant from an attorney was denied even in very serious criminal case s. Here, defendants required