Legal And Ethical Issues Surrounding Custodial Interrogation

Improved Essays
Custodial interrogation is a process that suspects go through when they have been detained in custody as the police have reasonable grounds to believe they are connected to an offence that has been committed. The aim of the police should be to retrieve the truth from the victim the main element of the truth being whether they committed the act and whether they intended to commit the act.
This answer will discuss the process in hand and whether it allows the police to be able to obtain evidence relevant to the mens rea considering there implication and barriers through laws in place.
According to the code of ethics the police are responsible to follow a code of conduct that restricts them from doing certain things including the way in which

Related Documents

  • Decent Essays

    The government is known to do controversial actions when it comes to interrogation. The most controversial tactic is torture treatment. Torture treatment has always been around, but there have always been issues with it. The main issue is, is it constitutional? The eighth amendment states that no one is subject to cruel and unusual punishment.…

    • 107 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    It begins by a fact finding interview followed by confrontation, with the police claiming to know the suspect is guilty and sometimes lying about evidence (Brean). After a battery of accusations and stressful psychological techniques inducing fear and other emotions, a suspect will…

    • 292 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The criminal justice system often is examined using political, organizational, or sociological approaches [or lenses] (Pollock, 2010). Asking [simply] whether something is legal [or illegal]…is not necessarily the same question as asking whether something is right [or wrong] (Pollock, 2010). The term “ethics” or “ethical” refers to something “being in accordance with the accepted principles of right and wrong that govern the conduct of a profession.” In the case of police officers, use of discretion, or a lack thereof, in the application of force has direct ethical consequences to which the objectivity of the police officer on scene is subjugated by the subjectivity of a review board after the fact. Actors at every stage in the justice process…

    • 825 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Noble Cause Violation

    • 1532 Words
    • 7 Pages

    Mamadou Diallo May 20, 2018 Professor Sham PSC 321 Final essay As the law enforcement code of ethics states” as a law enforcement officer my fundamental duty is to server mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder, and to respect the…

    • 1532 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Deadly Force

    • 1605 Words
    • 7 Pages

    I believe that police officers have taken advantage of their position and have used discretion…

    • 1605 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Adam Bangbroek Case Study

    • 1227 Words
    • 5 Pages

    This essay serves to highlight the legal issues surrounding the incident of the search of the home of Adam Bangbroek. I will outline the specific criminal procedures that were transgressed, the constitutional rights that were violated and the criminality of the actions of the police during this incident. I will further use this incident to elucidate the “need for balance between crime control and due process”. The main problematic facts in this incident are as follows.…

    • 1227 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In any given situation, there is a line the officers cannot cross. Situations keep on varying, and the rules are not always as clear as they are supposed to be. If the officers themselves can be punished for crossing the line inadvertently, then they will be forced to avoid getting anywhere close to it. People who are guilty who the society is out to punish in such a situation get away with it.…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Police Compliance

    • 820 Words
    • 4 Pages

    To break down the necessary processes the police need to look at what they can control. Obviously, they have limited control over how citizens act. Of course, most citizens know how they should act and that they are expected to follow the law, but that is ultimately their choice. With that said, let’s start by looking at the processes involved with being a law enforcement officer; hiring, training, field training and in-service training. It’s also important to look at their mission statement, oath, mentoring program, policies, rules of conduct, discipline, etc.…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    When a crime takes place, authorities’ number one priority is to obtain a confession. Unfortunately, in order to do this, investigators use mental manipulation on their suspects. Interrogators would keep the person in a room for hours, and continuously accuse them of a crime that sometimes the person being interrogated did not commit. This pressure would result on an individual giving a false confession. According to the Innocence Project (2014) people usually give out false confession because they believe that if they comply with the police, it will benefit them and help them prove their innocence in the future.…

    • 785 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The need for police ethics and accountability is very important in public sector. Accountability refers to an obligation of an individual or organisation to account for its activities, accept responsibility for them and to disclose the results in a transparent manner (Prenzler, 2013, p. 27). The role of police is usually summarised in terms of enforcing the law, preventing crime, maintaining order and providing emergency assistance. They are responsible of protecting people from assault, sexual assault, murder, robbery, theft, extortion, kidnapping, fraud and many other types of threats to their property and wellbeing, as well as assisting at accidents and other emergencies. They also have a duty to assist in minimising people’s fear of crime…

    • 1110 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    There are multiple stages of the criminal court process that create a burden of proof that contribute to criminal justice investigations. Every court process begins with a crime allegedly committed to determining its legal status. Law enforcement and detectives determine if the crime was illegal or legal due to the investigations. They investigate a crime by interviewing victims, witnesses, and suspects. They also gather physical evidence by taking pictures, fingerprint, and DNA samples.…

    • 1283 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Decision making in the criminal justice system are met with competing values and interests. These conflicts relate to the determination of what is right or wrong and can be interrupted differently in some situations based upon the culture, changes over time, and on an individual’s upbringing. With this in mind, some decision such as those found in police discretion can be guided by social norms, justice, and personal values, but the police often encounter situations resulting in gray areas. Therefore, laws, training, and agency guidelines and code of conduct are put in place to assist officers in the decisions making process to set specific standards and processes (Gaines & Kappeler, 2011). With this in mind, the ethical and moral principles…

    • 792 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Introduction: Offender profiling can be defined as making predictions about offender’s characteristics from the way they behaved during a crime (Davies & Beech, 2012). Offender profiling can play an important part in criminal investigations, especially when there is no DNA left at crime scenes. It requires using other types of evidence such as characteristics of the crime scene and eye-witness testimonies from victims and witnesses. Profiling techniques can be unified with police forces to help elicit and prioritise suspects and may predict what an offender may do next (Canter & Youngs, 2009). However, it’s important to assess the reliability of such psychological procedures as they are frequently applied to serious and violent forms of crime…

    • 836 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Interrogation Case Study

    • 1027 Words
    • 5 Pages

    Interrogations are a crucial part of every investigation. The main objective of an interrogation is to get a presumably guilty suspect out of denial and to admission (Kassin, Leo, Meissner, Richman & Colwell, 2007). With this goal, interrogation techniques are designed to break down a suspect’s resistance and elicit a confession. There are a number of manuals for interrogations that are used, but generally interrogations can be broken down into a two-step process. The investigator first seeks to convince the suspect that there are no other options, and then must convince the suspect that the benefits of giving a confession outweigh the cost.…

    • 1027 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    As police are looked to as having a higher moral and ethical to follow, then as the people they protect, lays in the foundation of professionalism that stems from the morals and ethical behavior of the officer’s attitude, in who they protect. Law enforcement individual’s ethics is that of moral principles, or as values that officers are held to a higher standard in both work and home (Belasic, 2010). As each person has their own moral values, as an officer the moral value needs to be as a whole, with to “maintain incorruptible integrity.” (Belasic, 2010, p. 1) However, ethics is from moral standards as an individual has learnt from others (Ortmeier, 2006).…

    • 573 Words
    • 3 Pages
    Improved Essays