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 81 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
Great answer, keep it coming :)


parker125

  • Member
  • Posts: 332
Reply 3 on: Yesterday
:D TYSM

 

Did you know?

Not getting enough sleep can greatly weaken the immune system. Lack of sleep makes you more likely to catch a cold, or more difficult to fight off an infection.

Did you know?

The word drug comes from the Dutch word droog (meaning "dry"). For centuries, most drugs came from dried plants, hence the name.

Did you know?

The cure for trichomoniasis is easy as long as the patient does not drink alcoholic beverages for 24 hours. Just a single dose of medication is needed to rid the body of the disease. However, without proper precautions, an individual may contract the disease repeatedly. In fact, most people develop trichomoniasis again within three months of their last treatment.

Did you know?

For about 100 years, scientists thought that peptic ulcers were caused by stress, spicy food, and alcohol. Later, researchers added stomach acid to the list of causes and began treating ulcers with antacids. Now it is known that peptic ulcers are predominantly caused by Helicobacter pylori, a spiral-shaped bacterium that normally exist in the stomach.

Did you know?

Cocaine was isolated in 1860 and first used as a local anesthetic in 1884. Its first clinical use was by Sigmund Freud to wean a patient from morphine addiction. The fictional character Sherlock Holmes was supposed to be addicted to cocaine by injection.

For a complete list of videos, visit our video library