Tuesday, November 19, 2019
Questions in Criminal Justice Coursework Example | Topics and Well Written Essays - 2000 words
Questions in Criminal Justice - Coursework Example During the Bram v United States case, the judge gave his verdict in accordance to the rules of the 5th Amendment and stated that if a confession is to be used in the court, it has to be obtained on voluntary basis (Scheb, 2010, 497). During the third quarter of the 20th century, criminal cases in which confession was obtained through coercion were not admitted into the court of law on the basis of the due process. Confession is referred to an individualââ¬â¢s acceptance of being guilty of committing a crime after he has been interrogated and questioned by the law enforcement officers. In contrast to confession, admission refers to an individualââ¬â¢s acceptance of being guilty of committing a crime or being a part of a criminal activity without any interrogating questions or behaviour exercised by the law enforcing officers. During the Brown v Mississippi case, the judge stated that a confession should be examined to identify whether the confession was made voluntarily or invol untarily and whether the confession was reliable enough (Scheb, 2010, 497). The ruling in this case was reversed because the police had brutally interrogated the suspect due to this the suspect had confessed to commit the crime. One way of approaching any confession and/or admission made by a suspect s referred to as due process voluntariness approach. According to this approach if a suspect confesses to be guilty if police officials have used coercion while interrogation, the suspectââ¬â¢s statement of being guilty is not accepted during the proceedings of his case. For example: in Arizona v Fulminante case, it was found that an undercover federal law enforcer coerced Fulminate and then he confessed to being guilty of first degree murder (McCord, 2012, 419). In this case coercion was not physical in nature; rather the coercion was emotional in nature as the undercover federal agent assured to protect Fulminate in prison as there was threat to his life in prison. The undercover a gent made the promise to protect while asking for a confession in return. This case was treated under the 14th amendment clause of due process and the court ruled in Fulminateââ¬â¢s favour, accepting that coercion was applied to obtain a confession. When law enforcing agents apply unlawful method to obtain a confession from a suspect, this act conducted by the police officials is regarded as violation of an individualââ¬â¢s Miranda rights. The process of selection of a jury starts with the compiling of probable jurors, the compilation of to be jurors need to be unbiased and this compilation is of utmost importance. After the creation of the list of to be jurors, the body of jurors for a particular criminal case are selected. Selection of a body of jury out of the compiled potential jury list is recognized as selecting jurors for jury duty. Jury is said to be selected in three different stages. Firstly a list of to be jurors is compiled, next the jurors expected to be on jury d uty in a case are selected and lastly the selection of final jury members is conducted. The numbers of people who fall in the category of probable jury list are recognized as jury pool or list. This list is created through various sources and the best source is the list of registered voters (Neubauer, 2013, p.77). Other sources through which this list can be compiled
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