In criminal law, it is undisputed that the best information regarding a crime comes from interviews conducted by law enforcement. Moreover, usually, some of these interviews result in suspect confessions that may be used at the trial against a defendant.
You are the prosecutor in a case in which the defendant has confessed to the crime. However, it is not clear whether the confession was obtained legally. Without the defendant’s confession, you know that you will never be able to get a conviction at the trial.
By the due date assigned, in a minimum of 250 words, post to the Discussion Area your response to the following:
What facts would you consider when deciding whether the defendant’s confession was obtained legally?
What specific actions or inactions on the part of the interviewing police agents would be part of your decision-making process?
How would you ascertain that the officers acted appropriately in obtaining the confession?
How would you account for any actions or inactions taken by the defendant at the time the confession was made? In other words, can you rehabilitate an illegally obtained confession in order to be able to use it at trial?