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Arguments Against Police Interrogation

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Interrogation Assignment This documentary showcases a number of police interrogations that are problematic. The one that I believe is the most egregious is the interrogation of twelve year old Thomas Cogdell in the murder of his little sister, Kaylee. His entire interrogation was one big violation of his constitutional rights, not to mention it verged on psychological torture. The first of Cogdell’s constitutional rights to be violated was his 6th Amendment right to counsel. Although he was not yet placed under arrest, he was being interrogated in a police station and being asked incriminating questions. Any average person, especially a kid, would reasonably believe that they were in police custody. Furthermore, he technically was in custody seeing as he was deprived of his freedom in a significant way, in his case being held at the police department for hours. Therefore, Thomas Cogdell deserved to have a lawyer present during his interrogation. The second of Cogdell’s constitutional rights to be violated involves a case decided before the Miranda case, but is still applicable nonetheless. Police lied to Thomas throughout the interrogation, but most importantly telling him that they found a fingerprint on the bag that they were going to use to convict him. In reality, investigators could …show more content…

This practice is extremely unreliable and is already banned from use in Europe. More specifically, I think the practice of telling suspects that they have failed the polygraph test in order for them to confess to crimes that they may or may not have even committed should be banned. Many innocent people go on to confess to someone else’s crimes because they believe that the polygraph is infallible. By telling them that they failed the test even when they haven’t, it results in many innocent people being convicted of

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551 Words | 3 Pages

Dunaway v. New York 442 U.S. 200 (1979), (Detention for interrogation). Terry v. Ohio, 392 U.S. 1 (1968), (reviewed the application of unreasonable seizures). References; Joe HAYES v. FLORIDA, 470 U.S. 811, 105 S. Ct. 1643, 84 L. Ed. 2d 705

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999 Words | 4 Pages

So, basically the big issue here is if the sixth amendment’s requirement that poor accused people have the right to a lawyer is extremely important and essential to a fair trial that is stated in the Fourteenth Amendment. The discussion engaged into a talk about how all the other amendments were important to the U.S. and the 6th and 14th should not be left out. Justice Tom Clark clearly restated and explained his opinion about the sixth and the 14th amendment and how every defendant that cannot afford an attorney, the Court should provide you one.

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Eyewitness Testimony What would you do if you were a juror in a court room during a trial? Outside is a beautiful calm day where the sky was blue and the grass was green, but inside there was nothing but blood and tears and you had a serious decision to make. You stood in the front of the room, sweat on your forehead and knees buckled. On one side you have a loyal, non criminal alibis that states that this man was not at the scene of the crime, but on the other side you have an amazing, truly honorable, eyewitness that believes whole heartedly that the suspect on the other side of the room is, of course, the thief.

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101 Words | 1 Pages

Moreover, Miranda applies only during “custodial interrogations.” “Custodial” in this case means either: (1) after they have been taken into police custody “Whether they are considered “in custody” depends on “how a reasonable man in the suspect 's position would have understood his situation.” Or (2) when they have been deprived of their freedom of movement. “Interrogation” can be either: (1) direct questioning by the police; or (2) the “functional equivalent” of direct questioning. It is considered interrogation whenever the police say or do something to them that they should know is probable to cause them to confess or say something incriminating.

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Annotated Bibliography-“How effective is torture in obtaining information?” “Brown Note” Myth Busters. Discovery channel. Artarmon 16 Feb. 2005. Television.

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The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.

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Assume the suspect is the person who designed the polygraph? Or the suspect knows how exactly a polygraph works? According to George W. Maschke and Gino J. Scalabrini(2005), people can pass lie detector tests by denying anything relevant, answering questions without hesitation and breathing normally. Because the purpose of polygraphers is to extract confessions, they most likely will tell the suspect that they can “see” a lie in the polygraph in order to terrify the suspect. Secondly, the suspect’s hesitation will be caught by the polygraph.

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67 Words | 1 Pages

If you commit a crime, you can usually escape penalization if no one testifies against you. Therefore you 've got an interest to keep witnesses from testifying. If criminals habitually achieve deterring testimony, however, the criminal justice system withers, and laws will be broken with freedom from liability. Witness intimidation could be a basic threat to the rule of law. Empirical information on intimidation has been difficult

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Running head: Polygraph 1 THE POLYGRAPH MACHINE: Tried and True or Witch?s Brew Sharon Robinson Bailiff, Duval County Sheriff?s Office Florida Gulf Coast University Polygraph 2 First and foremost, I state my uncompromising objection to the use of the polygraph by the Florida Court System. The history of the polygraph initially referred to as a lie detector. In 1914 and 1915 Vittori Benussi and William Morston produced a device that was supposedly capable of detecting if a person was being deceptive when responding to a question. Later, in 1921, a device capable of linking blood pressure and breathing, pulse rate, and exhalation with deception was developed.

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“Lie detector tests have become a popular cultural icon - from crime dramas to comedies to advertisements” (American Psychology Association) Polygraph tests have been shown throughout several years as the scientific method of convicting criminals. But this method has been proven incorrect. The test is not completely falsifiable because there is not an actual method to determine if someone is lying 100 percent of the time. Polygraph tests are not admissible in court due to the little amount of scientific information to judge someone’s ability to tell the truth.

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Most of the individuals who support this technique assume that the coercive interrogation methods are more effective in obtaining data and information than the normal standard interrogations. However, most of the individuals who advocate for this technique are not

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999 Words | 4 Pages

“Courts have permitted the interrogators to tell the suspect that if he confesses his conscience will be comforted or they will inform the suspect’s cooperation to the court” (Richard 2008). It is unethical to promise and give hope to the suspect that will not be met in order to obtain a voluntary confession which are induced. During interrogation someone may walk in and hide his identity like being a police officer, while acting like someone else and promise the suspect that he or she is here to help and they are in good hands. Doing this is violating the rights of the suspect and should be taken into consideration, because it inflicts the mind of a suspect. If the suspect is going to confess it should be voluntary not being forced to “voluntary

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It is utilized to determine guilt or innocence, as a mandated pre-employment tool, and to protect national security, just to name a few. With a test that is being utilized over such a large spectrum and with so many irreversible implications one would imagine the polygraph would most likely

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549 Words | 3 Pages

The Miranda Rights are what give people all this freedom. They say that if people don 't want to talk to the police at all people don 't have to. It lets people know that anything people say will most likely be used against people as evidence. It says that people can be appointed a lawyer if people can 't afford one. Many people don 't get a fair trial in the United States because they don 't know their Miranda Rights.

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899 Words | 4 Pages

It is also possible for a suspect to decline to include all details, or give them vaguely. To show how little he knows about the situation, or to decrease suspicion; these are all signs of lies. e. Body language-Although, body language is a general sign of legitimate nervousness in a person, thus, it 's not enough

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