Answer to Question 1
Answer: Good answers should explain what makes certain confessions involuntary and discuss the holding of Fikes v. Alabama, which defined involuntary as under the totality of circumstances that preceded the confessions, the defendant is deprived of his or her power of resistance. Students should then explain that courts look at two issues: (1) the police conduct in question, and (2) the characteristics of the accused. Examples should be given of each.
Answer to Question 2
Answer: Good answers should explain how the court has officially defined custody. Then they should examine the four types of police/citizen encounters and explain how the courts have interpreted when a person is in custody or not. They should also be able to distinguish between custodial and noncustodial situations.
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