Week 3 - Robert Dylan fifth and fourteenth amendments were violated in the month of April 2006 When the Police arrived to the residence the

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Robert Dylan fifth and fourteenth amendments were violated in the month of April 2006. When the Police arrived to the residence the questioned Robert for identification reason they did it to protocol but when Officer Smith went with Robert into his bedroom and door was closed it was no longer a interrogation for identification reason it became interrogation to obtain an arrest. Once Officer Smith didn’t read Robert his Miranda rights he violate Robert’s Fifth Amendment right. Also by doing this his confession is not applicable in court. A confession not preceded by a Miranda warning where one was necessary cannot be admitted as evidence against the confess- ing party in a judicial proceeding. The Supreme Court, however, has held that if a defendant vol- untarily testifies at the trial that he did not commit the crime, his confession may be introduced to challenge his credibility, to "impeach" the witness, even if it had been obtained without the warn- ing. Witness impeachment is the process of calling into question the credibility of an individual
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This document was uploaded on 10/25/2011 for the course HIS 301 at University of Phoenix.

Page1 / 2

Week 3 - Robert Dylan fifth and fourteenth amendments were violated in the month of April 2006 When the Police arrived to the residence the

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online