In 150 words providing commentary on the issues about the topics being addressed.

In 150 words providing commentary on the issue(s) about the topics being addressed. Read the paper and look at those references links. APA styleReferenceHemmens, C. (2007). Current Legal Issues (2nd ed.). New York, NY: Oxford University Press.Israel, Kamisar, LaFave, King, & Primus. (2016). Criminal procedure and the Constitution: leading Supreme Court cases and introductory text. St. Paul, MN: West Academic Publishing.Staff, L. (2009, December 01). Florida v. Powell (08-1175). Retrieved January 23, 2018, from https://www.law.cornell.edu/supct/cert/08-1175
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The Exclusionary Rule and Interrogation v. Miranda
Rights
Today interviewing is the most common investigation technique when it comes to
criminal court cases. Unfortunately, this technique is a watered-down grandchild of
what was once torture. In 1936, Brown v. Mississippi occurred and became the turning
point to modern confessions law. The Sheriffs obtained confessions from three African
Americans who were suspected of murder only after hanging them by their necks,
beating them and threatening them of death. The Supreme Court’s ruling in this case
freed the men because torture made their confessions “unreliable and fundamentally
unfair” (Hemmens, p. 21, 2015). Similarly, confessions and evidence obtained under
extreme distress lack credibility as suspects are often pressured into saying anything for
self-preservation. The Exclusionary law came about in Mapp v. Ohio (1961), stating that
all evidence obtained by searches and seizures in violation of the person’s
Constitutional rights is inadmissible in a state court. Defendants who are illegally
arrested, incriminated and interrogated, are not themselves and the Government must
use the opportunity to prove their guilt with evidence completely untainted by the
police misconduct.
In the development of cases dealing with unlawful interrogation techniques by police,
the due process rule lacked clarity and gave more state courts in favor of the police
leeway to “uphold constitutionally questionable confessions” (Hemmens, p. 22, 2015).
A break came in the Miranda v. Arizona case (1966). Although the suspect is now
protected by the Fifth Amendment, the suspect can waive their right to remain silent
while still being protected from overbearing interrogation tactics that can force coerced
confession. The whole point of Miranda rights was that the suspect would use their
right and remain silent until they have a lawyer to represent them and that the police
would refrain from using psychological pressure to get answers. Here is the problem at
hand, neither goal has been achieved. Suspects do not trust the Miranda rights to
protect them so they end up saying anything to get out of the situation, and has
essentially motivated police to come up with sneakier, yet more compelling
interrogation strategies. For example, in Florida v. Powell (2008), Kevin Powell was
convicted based on his confession of illegally owning a firearm. On appeal, the ruling
was overturned because the Miranda warnings read to Powell did not adequately state
that Powell has a right to an attorney during questioning (Staff, 2009). I think that the
weaknesses in the Miranda approach has developed over the years because of a long
series of cases where the Miranda v. Arizona ruling has continuously been watered
down to fit more situations as explored above.
Reference
Hemmens, C. (2007). Current Legal Issues (2nd ed.). New York, NY: Oxford University
Press.
Israel, Kamisar, LaFave, King, & Primus. (2016). Criminal procedure and the Constitution:
leading Supreme Court cases and introductory text. St. Paul, MN: West Academic
Publishing.
Staff, L. (2009, December 01). Florida v. Powell (08-1175). Retrieved January 23, 2018, from
https://www.law.cornell.edu/supct/cert/08-1175

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