Answer to Question 1
Answer: There are two types of due process violations: substantive and procedural. Substantive due process
issues generally involve the constitutionality of statutes, regulations, and other laws. It concerns mainly
the states authority to pass a law regulating an issue or area. Procedural due process issues involve the
processes or procedures used by the government. When looking at the due process limitations on
interrogation, we are examining procedural due process issues.
Answer to Question 2
Answer: The courts generally consider the actions of the police, the characteristics of the defendant, and the
circumstances surrounding the confession to determine if the confession was a violation of the due
process rights of the defendant. If those factors strongly suggest the presence of psychological coercion,
then the confession will not be admitted. Facts that the courts have considered include length of
questioning, mental abilities of the defendant, whether or not the defendant was continuously
interrogated, whether the defendant was denied contact with friends or family, and whether the
defendant was questioned for long periods without being given food, water, or opportunity to sleep. In
addition, the threat of violence is sufficient to render a confession involuntary.
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