Question 1: Discuss the difference between an arrest and a custodial interrogation. When must Miranda be given to an individual?
“An arrest is when a law enforcement officer uses legal authority to deprive a person of his or her freedom of movement. (“Arrest,” n.d.) This occurs when the officer either has an arrest warrant or probable cause the individual is guilty of a crime based of facts or information. Custodial interrogation is the questioning of the detained suspect in regards to a criminal investigation. (“Custodial interrogation,” n.d.) If I understand this all correctly then an arrest always comes before the custodial interrogation. As to the Miranda Rights they need to be given to the suspect as soon as they are detained and before they are questioned in custodial interrogation. (“Miranda warning,” n.d.) Thiswhy the Miranda Rights are so important to be given so that the information gathered by the interrogation can be admissible in court.
Question 2: Discuss how the court determines if a confession should be admissible or not. What does the court look for to determine if a confession is voluntarily given?
In order for the confession to be admissible in court the judge has to determine if the confession was voluntary or not. If it was voluntary then it will be admissible if it was not then it will not be admissible. To determine this, the judge considers a few factors: first the timing of the confession in regards to the arrest and arraignment. Secondly did the defendant know the nature of the offense they were being charged with when he or she confessed. Third is basically the Miranda Rights. Was the defendant notified about not being required to make a statement and if they did it could be used against them. Were they advised that they could receive the assistance of counsel and did they had said counsel when they confessed. (“18 U.S. code § 3501 – Admissibility of confessions,” n.d.) All the above factors will be considered when determining the voluntariness of the confession. If the defendant gave the confession voluntary to anyone without and interrogation or without being arrested it can still be determined to be admissible.