5th Amendment: Coercion, Self-Incrimination, Immunity

Question 1

Which are the Amendments of the U.S. Constitution that may require that a confession be excluded at trial?

Answer 1

5th, 6th, and 14th Amendments, the Amendments under which confessions may be excluded at trial

Question 2

Why can a confession not be coerced?

Answer 2

The Constitution require that a confession be given freely and voluntarily; coerced confession not admissible at trial

Question 3

When is a confession coerced?

Answer 3

When the police overcome a person’s free will

Question 4

What do courts consider when determining if police coercion overcame the defendant’s free will?

Answer 4

(1) the characteristics of the interrogation (i.e., length) and police tactics used, and
(2) the characteristics of
the individual (i.e., age and experience)

Question 5

When is a confession coerced and a violation of the defendant’s rights under the 5th Amendment?

Answer 5

It is a violation of the d’s rights if a confession is the product of police coercion that overbears the suspect’s free will