Author Question: Explain the two types of due process violations. What will be an ideal ... (Read 72 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?

Signs of depression include feeling sad most of the time for 2 weeks or longer; loss of interest in things normally enjoyed; lack of energy; sleep and appetite disturbances; weight changes; feelings of hopelessness, helplessness, or worthlessness; an inability to make decisions; and thoughts of death and suicide.

Did you know?

You should not take more than 1,000 mg of vitamin E per day. Doses above this amount increase the risk of bleeding problems that can lead to a stroke.

Did you know?

Tobacco depletes the body of vitamins A, C, and E, which can result in any of the following: dry hair, dry skin, dry eyes, poor growth, night blindness, abscesses, insomnia, fatigue, reproductive system problems, sinusitis, pneumonia, frequent respiratory problems, skin disorders, weight loss, rickets, osteomalacia, nervousness, muscle spasms, leg cramps, extremity numbness, bone malformations, decayed teeth, difficulty in walking, irritability, restlessness, profuse sweating, increased uric acid (gout), joint damage, damaged red blood cells, destruction of nerves, infertility, miscarriage, and many types of cancer.

Did you know?

Interferon was scarce and expensive until 1980, when the interferon gene was inserted into bacteria using recombinant DNA technology, allowing for mass cultivation and purification from bacterial cultures.

Did you know?

Malaria mortality rates are falling. Increased malaria prevention and control measures have greatly improved these rates. Since 2000, malaria mortality rates have fallen globally by 60% among all age groups, and by 65% among children under age 5.

For a complete list of videos, visit our video library