Voluntariness (due process 14th)

Question 1

14th amend

Answer 1

nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Question 2

5th amend

Answer 2

nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Question 3

Rationale

Answer 3

a. Increased potential to produce false confessions
b. Deter police from misconduct; “obey law while enforcing law.”
c. Offensive to our CJ Systems notion of Fairness & Justice
d. Regardless if statements are True or False→ we want police to treat people with dignity and decency.

Question 4

Brown v. Missippi (1936)

Answer 4

voluntariness claim is AVAIL to a criminal ∆ (regardless of fed/state)

Question 5

Test for voluntariness of statement

Answer 5

a. TOTALITY OF CIRCUMSTANCES
i. Character of accused
ii. Details of interrogation
iii. Probs— √all inclusive; √lacks uniformity; √cant get into mind of person
iv. SO —–→ We look at POLICE CONDUCT

Question 6

If statement found involuntary

Answer 6

cant be used in ANY PART of criminal proceedings

1. Ex—cant be used for impeachment once he’s on stand
2. Signif: offending our notions of fairness & justice