Author Question: Explain the two types of due process violations. What will be an ideal ... (Read 62 times)

deesands

  • Hero Member
  • *****
  • Posts: 514
Explain the two types of due process violations.
 
  What will be an ideal response?

Question 2

Explain the voluntariness test as it relates to confessions and or admissions.
 
  What will be an ideal response?



bpool94

  • Sr. Member
  • ****
  • Posts: 354
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.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question

deesands

  • Hero Member
  • *****
  • Posts: 514
Both answers were spot on, thank you once again



bpool94

  • Sr. Member
  • ****
  • Posts: 354
Great! Please up vote :D



 

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?

Many of the drugs used by neuroscientists are derived from toxic plants and venomous animals (such as snakes, spiders, snails, and puffer fish).

Did you know?

Patients who cannot swallow may receive nutrition via a parenteral route—usually, a catheter is inserted through the chest into a large vein going into the heart.

Did you know?

When intravenous medications are involved in adverse drug events, their harmful effects may occur more rapidly, and be more severe than errors with oral medications. This is due to the direct administration into the bloodstream.

Did you know?

The effects of organophosphate poisoning are referred to by using the abbreviations “SLUD” or “SLUDGE,” It stands for: salivation, lacrimation, urination, defecation, GI upset, and emesis.

For a complete list of videos, visit our video library