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Constitutional Protections in Criminal Investigations

Address constitutional amendments and case law that relate to interrogations, confessions, or identifications.

Address each of the elements listed below:

1. Define the four basic components of the Fifth Amendment.
2. Discuss the constitutional rights associated with confession law, and provide an overview of relevant cases.
3. Analyze the relevance of the Fourth, Fifth, Sixth, and Fourteenth Amendments in relation to identification and witnesses. What would be a relevant case law and how these have impacted criminal investigation procedures and policies.

Solution Preview

1. Define the four basic components of the Fifth Amendment.

a. The Grand Jury Clause: This important component requires a grand jury in capital cases that prevents any citizen from being held or charged without the evidence first being determined by a Grand Jury to decide if enough exists for a warrant. The adage that a prosecutor could get a Grand Jury to indict a ham sandwich means that prosecutors have the autonomy to virtually indict anyone at a grand jury hearing as lawyers for the accused are not accepted.
b. The Double Jeopardy Clause: The Clause prevents a person being tried for the same crime twice if he or she were acquitted at trial. The Clause is a safeguard against a citizen being unjustly prosecuted twice for the same offense that they have been found innocent of.
c. The Self-Incrimination Clause: Self-incrimination is prohibited under the United States Constitution as this clause safeguards from being required to take the stand and make incriminating statements that could jeopardize a person's freedom
d. ...

Solution Summary

The solution discusses the constitutional protections in criminal investigations.