Constitutional Protections in Criminal Investigations Essay

1414 Words Feb 1st, 2013 6 Pages
Running Head: CONSTITUTIONAL PROTECTIONS IN CRIMINAL INVESTIGATIONS

Constitutional Protections in Criminal Investigations

What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The Constitution is pretty much our basis of freedom, because boundaries are set and it gives the government guidelines to which ones they can interfere with without violating them. Most
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This situation could take place in three different forms which are, during questioning, in written documents, and when a person is threatened with noncriminal sanctions. A criminal proceeding and a noncriminal proceeding has a general rule that a defendant has the right to remain silent and can refuse to answer questions that would incriminate them. And an admission cannot be preceded by a police questioning. Next is a witness that is protected by the Fifth Amendment from self-incrimination, but also from things that people would say in a communicative nature rather than a testimony. Last is a witness against oneself includes that the only person that can assert the Fifth Amendment is the person being questioned (Pearson Higher Education, 2012).
When considering the relationship between the constitutional rights and confessions, it is important that citizens are knowledgeable of their rights as well as law enforcement officers being aware of the issues that come with it. Officers must understand the implications of a confession and its safeguards. The constitutional rights to obtaining a confession can be found in the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment gives people the right to be secure in their homes and

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