Defendant’s Rights Surrounding Police Interrogation, Essay Example

Law Enforcement Obligations To Rightful Police Interrogation

Police interrogations are commonly portrayed in the media and many people assume that they understand the process. Luckily for both law enforcement and those accused a police interrogation is a finely tuned construction of questions to uncover the truth. The interrogation generally pertains to criminal law and is a series of questions asked by the police. Individuals are informed of their rights before the questioning begins and police explain that they also have the right to legal counsel if desired. Many laws and regulations are placed on law enforcement to ensure that their practices are ethical and appropriate. The United States Constitution is the basis for protection of individual rights regarding police interrogation.

Police Interrogation Parameters

Many cases have been tried in a court of law in attempt to have confessions made under proposed duress ruled unreasonable. The police not only must inform an individual of their rights and availability of legal counsel prior to questioning, however some mistakenly believe that if the police do not inform a person of their Miranda rights that the case will be thrown out of court. This is not the case, however some of the information provided and in some cases of the information can be restricted as the person was not informed of their rights. The interrogation must not engage in questioning that is physically or psychologically abusive. Back in the old days beatings and near torturous behavior was used to get a confession, however what was realized is that almost anybody will confess to a crime if held to abusive power for hours, which is usually referred to as coercion. The Constitution prevents an individual from being forced into self-incrimination and those accused can remain silent if they wish, they are not required to incriminate themselves.

Constitutional Underpinning

The U.S. Constitution provides protection for citizens through their right to remain silent and not give evidence against himself. Invoking the Miranda rights forces the police to cease all questions and therefore ends the interrogation. The Fifth Amendment states that no person shall be compelled in any criminal case to be witness against himself. The Constitution also provides citizens with the right to an attorney/legal representation. When a person asks to be represented by legal counsel, one must be appointed, if the individual cannot afford one. The attorney will then guide the accused as to their legal rights regarding the interrogation process. If a person so chooses they may also represent themselves during any civil or criminal process, even throughout the police interrogation process.

Defendants’ Rights During Trial

Those accused of a crime have a right to a fair and speedy trial. They are considered innocent until proven guilty and must be treated humanely during the trial, as well as any incarceration. During the trial or interrogation the accused has the right to not testify against themselves.  The Fifth Amendment prevents defendants from being brought up on charges a second time for the same crime, which is known as Double Jeopardy. The accused has the right to confront their accusers as well, which is part of the Sixty Amendments Confrontation Clause. This Amendment gives the right of the defense to question their accuser or witnesses as well. The Sixth Amendment also gives defendants the right to a jury trial, made up of 12 individuals selected and screened by their attorney. Just as during the police interrogation process, defendants have the right to an attorney and if they cannot afford one, the state must provide adequate representation.