Surname 1


Name:


Instructor’s name:


Course:


Date:


                               America Supreme Court Case Report


                                            Introduction


        It is important to understand that the confession rule is clearly stipulated by the court’s

new constitution and should be followed to the letter. The main purpose of the law is to handle,

address and question people in custody. The law gives arresting authority so that the suspects and

the victims know the implications of their confession to their final judgment. This is done by

letting them know they have the right to remain silence, that any issue he or she communicates

may be used against him, has the right to obtain an attorney without charges and he also has the

rights to present an attorney during the time of questioning. In order to achieve this rights some

statement of rejections are usually needed, as well as, tricks. This paper will seek to analyze the

U.S. Supreme Court Case Report, New York Times vs. United States.

        The Supreme Court and the U.S. constitution, clearly do not allow the prosecuting

attorney or police officers as well as detectives, to question the defendant while in custody.

Likewise the law does not allow any form of contact with the outside environment (Rosen, 2).

Consequently, according to the law, none of the defendant is given effective and full warning of

his rights during the interrogation process. As illustrated in both cases, the questioning involved

oral admissions and signed agreements which were admitted in trials. It was also stated that the
Surname 2


defendant were exceptionally convicted by the court law number 584 and were later affirmed in

the court of appeal (Rosen, 4)

         According to the Supreme Court law of America, the prosecution could not use written

or oral statement to decide on the victim’s case. The statements stemming from questioning of

the victim by the law enforcement officers in custody, was illegal unless it followed the

procedural safeguards effectives to secure the 5th Amendments privilege against self-

incrimination. It continued to elaborate that the environment as well as the atmosphere of

incommunicado interrogation should be improved. Depending on the way it exists nowadays, no

one should be intimidated at work or undermine the privilege against self-incrimination. As

elaborated in the clause that states that unless satisfactory defensive measures were enacted to

dispel the compulsion inherent in the custodial ecosystem. There was no statement gained from

the defendant that could surely be the product of the defendant free choice, as it was presented on

page 445 and 458 (Greenburg, 445).

        The action in Escobedo v. Illinois, number 378 America 478, emphasized the need for

saving devises which ease process of police interrogation and add credibility into them. The

saving devises are also approved to command the privilege illustrated in page 465-466. It also

elaborated on the privilege against the self-incrimination, which contained an expansive

historical improvement in the U.S. The law gives the defendant the right to remain silent unless

he or she decided to communicate in the unfettered exercise, basing on his or her own decisions.

However, the exercise was practiced during the time of custodian interrogation, aselaborated in

page 458 to 465 of the country’s law and during the time of other official investigations

according to explanation on page 458 to 465 (Connon, 23).
Surname 3


        The Supreme Court also elaborated that if a person represented during or prior to the

time of questioning, and not to say anything then the interrogation will be forced to cease. On the

other hand, if the defendant chooses that he want an attorney, then the questioning should be

stopped until an attorney is brought. At the same time, in case of absence of other essential

measures, the following steps to secure the 5th Amendment privilege were to be putted into

action(Greenhouse 448).

        In addition, person who was in the custody to prior to interrogation was supposed to be

fully informed about his rights to remain silent. It was further stated that any word the defendant

was to say, was to be applied against him while in the court. Similarly, the defendant was also

informed that he had the rights to consul. The consul is the lawyer who should represent the

defendant during the interrogation process. The defendant was as well allowed to have a lawyer

representing him incase he was an indigent (Rehnquist, 102).

       In addition, where the person answers some questions while incustody, the interrogation

process should not waive his privilege and may invoke his freedom to remain silent thereafter. At

the same time, where an interrogation was carried out without the appearance of attorney, the big

burden lies with the government. This is because the law should express the thoughts that of the

defendant who knowingly waived his right to counsel (Connon, 112).

        The Supreme Court also elaborated that the interrogators were advised to induce

confession through the use of tricks. This technique was very effective in crimes and needed

some identification which basically went on in a series of stages. During the time of

identification, the situation of the interrogator was allowed to have a break aimed at allowing

him to group his subjects among the group of men in a line up. At that time, the complainant is

given a chance to study the line up and identifies the subject of the guilty party (Connon, 113).
Surname 4


       The questioning kicked on like there were no doubts concerning the guilt of the main

subject. The accused was then placed in the line up, but identified with a lot of fictitious victims,

who clarified him with several offenses. The main expectation was to put the defendant at a

desperate position and thus make him confess of committing the offence. The defendant was also

put under a tight security in order to escape from the false accusations (Connon, 114). In

addition, criminal law theories were also used to illustrate the laws. It was stated that,during the

initial investigation, the police may question anybody with an aim of acquiring details which

may contribute to the identifying the criminal.

       In finalizing the case, the supreme court of America decided that there should be a

massive reexamination of criminal law enforcement procedures in the country. In view of the

fact, that the case had never been witnessed before in the country it was treated as a special case.

Some of the participants included special committee of the American Bar association and

American law Institute.

                                             Conclusion

       The expression indicates that the present expression claims that confession were

inadmissible not because of the traditional practices, but due to lack of proper counsel. Lastly,

nothing in the constitution or procedures of thelaws that should carry a heavy handed and one

sided action that is so precipitously.
Surname 5


                                           Work Cited


Connon, Lou. President Reagan the role of a lifetime. Public Affair, 2000. Revised illustrated

       reprinthttp://www.nytimes.com/2005/05/08/books/review/08KALMANL.html?_r=1&pa

       gewanted=all

Connon, Lou. Reagan’s disciple :George W Bush’s trouble quest for a presidential legacy. New

       York: Public affars, 2008. Print

Greenburg Crowford. Supreme conflict the inside storyof the struggle for control of America.

       New York: Penguin press 2007. Print

Greenhouse Linda. Becoming justice Blackmun. California: Henry Holt and company, 2006.

       Print

Rehnquist Hubb. The supreme court. New York: Vintage book 2002. Print

Rosen Jeffry. The supreme court. California: Henry Holt and company , 2007. Print

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  • 1.
    Surname 1 Name: Instructor’s name: Course: Date: America Supreme Court Case Report Introduction It is important to understand that the confession rule is clearly stipulated by the court’s new constitution and should be followed to the letter. The main purpose of the law is to handle, address and question people in custody. The law gives arresting authority so that the suspects and the victims know the implications of their confession to their final judgment. This is done by letting them know they have the right to remain silence, that any issue he or she communicates may be used against him, has the right to obtain an attorney without charges and he also has the rights to present an attorney during the time of questioning. In order to achieve this rights some statement of rejections are usually needed, as well as, tricks. This paper will seek to analyze the U.S. Supreme Court Case Report, New York Times vs. United States. The Supreme Court and the U.S. constitution, clearly do not allow the prosecuting attorney or police officers as well as detectives, to question the defendant while in custody. Likewise the law does not allow any form of contact with the outside environment (Rosen, 2). Consequently, according to the law, none of the defendant is given effective and full warning of his rights during the interrogation process. As illustrated in both cases, the questioning involved oral admissions and signed agreements which were admitted in trials. It was also stated that the
  • 2.
    Surname 2 defendant wereexceptionally convicted by the court law number 584 and were later affirmed in the court of appeal (Rosen, 4) According to the Supreme Court law of America, the prosecution could not use written or oral statement to decide on the victim’s case. The statements stemming from questioning of the victim by the law enforcement officers in custody, was illegal unless it followed the procedural safeguards effectives to secure the 5th Amendments privilege against self- incrimination. It continued to elaborate that the environment as well as the atmosphere of incommunicado interrogation should be improved. Depending on the way it exists nowadays, no one should be intimidated at work or undermine the privilege against self-incrimination. As elaborated in the clause that states that unless satisfactory defensive measures were enacted to dispel the compulsion inherent in the custodial ecosystem. There was no statement gained from the defendant that could surely be the product of the defendant free choice, as it was presented on page 445 and 458 (Greenburg, 445). The action in Escobedo v. Illinois, number 378 America 478, emphasized the need for saving devises which ease process of police interrogation and add credibility into them. The saving devises are also approved to command the privilege illustrated in page 465-466. It also elaborated on the privilege against the self-incrimination, which contained an expansive historical improvement in the U.S. The law gives the defendant the right to remain silent unless he or she decided to communicate in the unfettered exercise, basing on his or her own decisions. However, the exercise was practiced during the time of custodian interrogation, aselaborated in page 458 to 465 of the country’s law and during the time of other official investigations according to explanation on page 458 to 465 (Connon, 23).
  • 3.
    Surname 3 The Supreme Court also elaborated that if a person represented during or prior to the time of questioning, and not to say anything then the interrogation will be forced to cease. On the other hand, if the defendant chooses that he want an attorney, then the questioning should be stopped until an attorney is brought. At the same time, in case of absence of other essential measures, the following steps to secure the 5th Amendment privilege were to be putted into action(Greenhouse 448). In addition, person who was in the custody to prior to interrogation was supposed to be fully informed about his rights to remain silent. It was further stated that any word the defendant was to say, was to be applied against him while in the court. Similarly, the defendant was also informed that he had the rights to consul. The consul is the lawyer who should represent the defendant during the interrogation process. The defendant was as well allowed to have a lawyer representing him incase he was an indigent (Rehnquist, 102). In addition, where the person answers some questions while incustody, the interrogation process should not waive his privilege and may invoke his freedom to remain silent thereafter. At the same time, where an interrogation was carried out without the appearance of attorney, the big burden lies with the government. This is because the law should express the thoughts that of the defendant who knowingly waived his right to counsel (Connon, 112). The Supreme Court also elaborated that the interrogators were advised to induce confession through the use of tricks. This technique was very effective in crimes and needed some identification which basically went on in a series of stages. During the time of identification, the situation of the interrogator was allowed to have a break aimed at allowing him to group his subjects among the group of men in a line up. At that time, the complainant is given a chance to study the line up and identifies the subject of the guilty party (Connon, 113).
  • 4.
    Surname 4 The questioning kicked on like there were no doubts concerning the guilt of the main subject. The accused was then placed in the line up, but identified with a lot of fictitious victims, who clarified him with several offenses. The main expectation was to put the defendant at a desperate position and thus make him confess of committing the offence. The defendant was also put under a tight security in order to escape from the false accusations (Connon, 114). In addition, criminal law theories were also used to illustrate the laws. It was stated that,during the initial investigation, the police may question anybody with an aim of acquiring details which may contribute to the identifying the criminal. In finalizing the case, the supreme court of America decided that there should be a massive reexamination of criminal law enforcement procedures in the country. In view of the fact, that the case had never been witnessed before in the country it was treated as a special case. Some of the participants included special committee of the American Bar association and American law Institute. Conclusion The expression indicates that the present expression claims that confession were inadmissible not because of the traditional practices, but due to lack of proper counsel. Lastly, nothing in the constitution or procedures of thelaws that should carry a heavy handed and one sided action that is so precipitously.
  • 5.
    Surname 5 Work Cited Connon, Lou. President Reagan the role of a lifetime. Public Affair, 2000. Revised illustrated reprinthttp://www.nytimes.com/2005/05/08/books/review/08KALMANL.html?_r=1&pa gewanted=all Connon, Lou. Reagan’s disciple :George W Bush’s trouble quest for a presidential legacy. New York: Public affars, 2008. Print Greenburg Crowford. Supreme conflict the inside storyof the struggle for control of America. New York: Penguin press 2007. Print Greenhouse Linda. Becoming justice Blackmun. California: Henry Holt and company, 2006. Print Rehnquist Hubb. The supreme court. New York: Vintage book 2002. Print Rosen Jeffry. The supreme court. California: Henry Holt and company , 2007. Print