Discuss the difference between an arrest and a custodial interrogation

Order Instructions

The Fifth Amendment protect individuals against self- incrimination. The Sixth Amendment affords individuals protections in the criminal process.

This discussion asks you to examine the rights afforded to individuals under the Fifth and Sixth Amendment.

Please thoroughly discuss each of the following:

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

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?

Discussion # 2

Attached is the investigation report completed by the police officer called to the scene of the crime. Also, attached is a signed confession by Mayo. Using the investigation report, the signed confession and the facts from week 1 discussion #2, answer the following questions:

1) Is this a valid confession made by Mayo? Discuss why.

2) What will the court look at to determine if this confession will be admitted into evidence at trial?

3) Did the officer conduct an illegal interrogation of Mayo? Discuss why.

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