Question 1: Discuss the difference between an arrest and a custodial interrogation. When must Miranda be given to an individual? “An arrest is when a law enforcement officer uses legal authority to d

Question 1: Discuss the difference between an arrest and a custodial interrogation. When must Miranda be given to an individual?

“An arrest is when a law enforcement officer uses legal authority to deprive a person of his or her freedom of movement. (“Arrest,” n.d.) This occurs when the officer either has an arrest warrant or probable cause the individual is guilty of a crime based of facts or information. Custodial interrogation is the questioning of the detained suspect in regards to a criminal investigation. (“Custodial interrogation,” n.d.) If I understand this all correctly then an arrest always comes before the custodial interrogation. As to the Miranda Rights they need to be given to the suspect as soon as they are detained and before they are questioned in custodial interrogation. (“Miranda warning,” n.d.) Thiswhy the Miranda Rights are so important to be given so that the information gathered by the interrogation can be admissible in court.

Question 2: Discuss how the court determines if a confession should be admissible or not. What does the court look for to determine if a confession is voluntarily given?

In order for the confession to be admissible in court the judge has to determine if the confession was voluntary or not. If it was voluntary then it will be admissible if it was not then it will not be admissible. To determine this, the judge considers a few factors: first the timing of the confession in regards to the arrest and arraignment. Secondly did the defendant know the nature of the offense they were being charged with when he or she confessed. Third is basically the Miranda Rights. Was the defendant notified about not being required to make a statement and if they did it could be used against them. Were they advised that they could receive the assistance of counsel and did they had said counsel when they confessed. (“18 U.S. code § 3501 – Admissibility of confessions,” n.d.) All the above factors will be considered when determining the voluntariness of the confession. If the defendant gave the confession voluntary to anyone without and interrogation or without being arrested it can still be determined to be admissible.

Samuel Gomez

respond to this discussion question in 100 words

Show more

Calculate Your Essay Price
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
The price is based on these factors:
Academic level
Number of pages
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more

Order your essay today and save 10% with the coupon code: best10

Academic Pros