Police interrogations are important in the U.S. criminal justice systems are important in ensuring that as much information is collected from suspects to facilitate proper resolution of the case. However, proper adjudication can only be realized when the process is carried out in circumstances that the law protects. The right to counsel, self-incrimination clause and due process clause are three instances that govern the way the police collect information from suspects or victims as the U.S. Constitution permits 1 .
The right to counsel as provided in the Sixth Amendment is a boost to the Miranda where an individual should have counsel support when the case has started. The provision is important in ensuring that the police do not arm-twist the trial process by forcing the suspect to accept a mistake unwillingly 2 . The existence of a third party ensures that the process is carried out as the law dictates while ensuring that the prosecution does not rely on probably coerced information because if the attorney’s absence.
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The due process clause in 14 th Amendment is important in ensuring that the interrogation process is devoid of false confessions. It appreciates the possibility of manipulating the uninformed or mentally challenged persons. Therefore, the safeguards provided in this clause ensure that the information provided is voluntary and helpful to the case and devoid of manipulation or abuse of the person giving out the statement 3 .
Lastly, the self-incrimination clause is a provision from the Fifth Amendment where the prosecution is expected to establish the ultimate guilt without any errors or omissions but not including forcing the defendants being forced to testify against themselves. The clause establishes a safe environment where suspects cannot be compelled in the seemingly unfriendly police environment to give a testimony that will incriminate them 4 . It is usually the basis of the Miranda statements being issued against suspects that whatever they utter can be used against them.
References
Lippman Matthew. Criminal Procedure . SAGE, 2013
Samaha Joel. Criminal Procedure. Cengage Learning, 2016
1 Samaha Joel. Criminal Procedure. Cengage Learning, 2016, 325
2 Lippman Matthew. Criminal Procedure . SAGE, 2013, 296
3 Lippman Matthew. Criminal Procedure . SAGE, 2013, 296
4 Lippman Matthew. Criminal Procedure . SAGE, 2013, 296
