Confessions and Admissions

Case Study 3: Confessions and Admissions after a Request for a Lawyer

            According to the Fifth Amendment, in the U.S constitution, on confessions and admissions the defendant is protected from being constrained to be a witness against self in a criminal case. Therefore invoking of the Fifth Amendment by the defendant allows him to have the privilege of declining to answer the questions where the answers might implicate him (Duignan 2013). Writers who offer law essay help at Edudorm essay writing service notes that the defendants thus are able to evade the penalty for having proclaimed the privilege and thus they cannot be compelled to become witnesses in their own case. Therefore this case relates to the Fifth Amendment since the suspect proclaimed his privilege by failing to become a witness of his own crime when he was asked questions that would have incriminated him.

Application of Edward Rule to Involuntary Confessions and Admissions

            To avoid involuntary confessions and admissions, Edward rule is used to disallow police officers from beginning a cross-examination of a suspect who has requested for a lawyer before a lawyer is provided to him/her (Del 2014). Experts who offer law dissertation writing help at Edudorm essay writing service indicates that this applies to our case since the suspect went through the same scenario as that of Edward. However, the police officer in this case started the interrogation but when the suspect requested for a lawyer he was arrested and the officer stopped the questioning.

Incriminating Oneself

            The officers’ actions were not acceptable since the confession of the suspect was voluntarily after the police officers compelled him to confess thus incriminating himself even when his lawyer had not arrived. Authors who offer legal case study help at Edudorm essay writing service points that however it seems like he did not have knowledge on his rights. According to the law in the Fifth Amendment, confessions and admissions must be voluntary as well as constitute a well knowing and aptitude waiver of a known right or a privilege (Duignan2013). The fact that the laws were read to him twice shows that he did not have a knowhow on his right.

References

Del, C. R. V. (2014). Criminal procedure: Law and practice.

Duignan, B. (2013). The U.S. Constitution and constitutional law. New York: Britannica Educational Pub. in association with Rosen Educational Services.