Thursday, June 13, 2019
Discussion Board Criminal Justice Essay Example | Topics and Well Written Essays - 750 words
Discussion Board Criminal Justice - Essay ExampleLaw officers are known to perch under some pretext during an investigation to elicit information. The psychology of the criminals, the mandate of the Supreme Court, and the totality of the circumstance environ a case allows an officer to using up psychic methods to bring forth revelations to solve cases.Officers in the process of interrogation can play this card if only to get valuable information from hardcore criminals. Rarely will any criminal openly declare his guilt in an interrogation unless he believes that the odds against him beating the case are overwhelming. Officers keep an eye on themselves staring at an uncompromising, non-committal criminal in most cases. If you cant beat them, join them is a familiar phrase that most of us know. This is precisely what these officers in uniform do. Lie to a criminal, utilizing deception as a tool, to make it appear that there is evidence against the criminal to prove his involvement . This has a telling effect on the criminal.A confession which is the product of an essentially free and unconstrained choice by its maker may be used as evidence to get to the guilt of the defendant in court. FSM v. Jonathan, 2 FSM Interim. 189,194 (Kos. 1986)Although questioning of witnesses and suspects is a necessary tool for the effective enforcement of criminal law, courts have recognized that there is an unbroken song from physical brutality to more subtle police use of deception, intimidation and manipulation, and that vigilance is required. FSM v. Jonathan, 2 FSM Interim. 189,195 (Kos. 1986)When a defendant has expressed a wish to go steady with counsel before further questioning, questioning must cease at once. Any attempt by police officers to ignore or override the defendants wish, or to dissuade him from exercising his right, violates 12 F.S.M.C. 218. FSM v. Edward, 3 FSM Interim. 224, 235 (Pon. 1987)Now consider theseWhere a police officer promised to reduce charges if the defendant cooperated but there was no new(prenominal) showing of police intimidation or manipulation and the defendant had recognized that his guilt was apparent, the confession was not induced by the promises but instead was a voluntary response to the futility of carrying the deceit further. FSM v. Jonathan, 2 FSM Interim. 189,198 (Kos. 1986)In determining whether a defendants statement to police is voluntary, consistent with the due process requirements of the Constitution, courts should consider the totality of the surrounding circumstances. Courts review the actual circumstances surrounding confession and attempt to assess the psychological impact on the accused of those circum stances. FSM v. Edward, 3 FSM Interim. 224, 238 (Pon. 1987) (Criminal Law and Procedure-Interrogation and Confession, zdigest.4.pdf referred on
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