This topic contains a solution. Click here to go to the answer

Author Question: Define witness against himself, and give examples of what's included and not included within the ... (Read 76 times)

casperchen82

  • Hero Member
  • *****
  • Posts: 540
Define witness against himself, and give examples of what's included and not included within the definition.
 
  What will be an ideal response?

Question 2

Identify the three provisions in the U.S. Constitution that govern police interrogations and confessions.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

tkempin

  • Sr. Member
  • ****
  • Posts: 332
Answer to Question 1

The Fifth Amendment provides that in a criminal case a person can not be compelled
to be a witness against himself.. This essentially means that the government cannot
force someone to give evidence of a testimonial or a communicative nature.
Testimony is the content of what a person says or writes. However the government
can compel citizens to provide other information. When this information is not
testimonial or communicative, but is rather of a physical nature or communications
which the person has voluntarily reduced to writing, obtaining it does not violate the
Fifth Amendment. Thus the following types of incriminating evidence would not be
protected by the Fifth Amendment: handwriting samples, weapons, photographs,
lineup appearances, voice samples, blood samples, and documents required to be
kept by law or voluntarily created.

Answer to Question 2

The three provisions in the U.S. Constitution that govern police interrogations and
confessions are the Due Process clause of the Fourteenth Amendment, the Sixth
Amendment Right to Counsel clause, and the Fifth Amendment Self-Incrimination
clause. (Authors Note: Since the Fifth Amendment also contains a Due Process
clause identical to the Fourteenth Amendment, there are arguably four provisions in
the Constitution that govern police interrogations and confessions. The Fifth
Amendment Due Process clause would only govern in federal cases while the
Fourteenth Amendment Due Process clause would only govern state cases.)




casperchen82

  • Member
  • Posts: 540
Reply 2 on: Aug 16, 2018
Wow, this really help


duy1981999

  • Member
  • Posts: 341
Reply 3 on: Yesterday
Gracias!

 

Did you know?

Atropine was named after the Greek goddess Atropos, the oldest and ugliest of the three sisters known as the Fates, who controlled the destiny of men.

Did you know?

Methicillin-resistant Staphylococcus aureus or MRSA was discovered in 1961 in the United Kingdom. It if often referred to as a superbug. MRSA infections cause more deaths in the United States every year than AIDS.

Methicilli ...
Did you know?

Today, nearly 8 out of 10 pregnant women living with HIV (about 1.1 million), receive antiretrovirals.

Did you know?

Only 12 hours after an egg cell is fertilized by a sperm cell, the egg cell starts to divide. As it continues to divide, it moves along the fallopian tube toward the uterus at about 1 inch per day.

Did you know?

More than 150,000 Americans killed by cardiovascular disease are younger than the age of 65 years.

For a complete list of videos, visit our video library