Author Question: How does the fruit of the poisonous tree doctrine operate in the confessions/interrogations context? ... (Read 61 times)

tichca

  • Hero Member
  • *****
  • Posts: 554
How does the fruit of the poisonous tree doctrine operate in the confessions/interrogations context?
 
  What will be an ideal response?

Question 2

How does the exclusionary rule operate in the confessions/interrogation context?
 
  What will be an ideal response?



yahahah24021

  • Sr. Member
  • ****
  • Posts: 323
Answer to Question 1

A confession will be thrown out, as was the decision in Miranda v. Arizona, if a suspect's incriminating statement is a result of custodial interrogation in which the suspect was not advised of his or her constitutional right to have counsel present. Before custodial interrogation can commence, suspects must be advised of their so-called Miranda rights.

Answer to Question 2

Generally speaking, a confession obtained in violation of Miranda or some constitutional provision will be excluded. However, just because a confession is obtained illegally does not mean that any subsequently obtained evidence will automatically be excluded. In fact, illegally obtained statements are themselves considered admissible in certain instances. There are essentially three lines of cases involving confessions and the exclusionary rule: (1) cases involving the standing of a party to challenge a confession, (2) cases where the prosecution seek to use a confession for impeachment, and (3) cases where a defendant seeks to exclude evidence that is fruit of the poisonous tree.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

The Centers for Disease Control and Prevention has released reports detailing the deaths of infants (younger than 1 year of age) who died after being given cold and cough medications. This underscores the importance of educating parents that children younger than 2 years of age should never be given over-the-counter cold and cough medications without consulting their physicians.

Did you know?

Many supplement containers do not even contain what their labels say. There are many documented reports of products containing much less, or more, that what is listed on their labels. They may also contain undisclosed prescription drugs and even contaminants.

Did you know?

This year, an estimated 1.4 million Americans will have a new or recurrent heart attack.

Did you know?

Serum cholesterol testing in adults is recommended every 1 to 5 years. People with diabetes and a family history of high cholesterol should be tested even more frequently.

Did you know?

The B-complex vitamins and vitamin C are not stored in the body and must be replaced each day.

For a complete list of videos, visit our video library