LSTD400

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From my understanding, the difference between an arrest and a custodial interrogation is that when you are arrested, you are charged with a crime. A custodial interrogation is when a person is taken in for questioning, but not officially charged. In both cases, a person should be warned of their rights prior to any questioning. The court system would determine whether a confession is admissible based on when the confession was gathered. If the suspected person is talked to at the scene of a crime while information is still being gathered, and they are not deprived of their freedom of action, then the confession can be used against them. Also, if they are properly read their Miranda rights prior to confessing in a custodial interrogation or after they have been arrested, then the confession will also be admissible. An individual has the right to counsel anytime they are being questioned in any scenario. If a person is unsure of the line of questioning and whether they will incriminate themselves, it is always best to ask for a lawyer before answering anything. The Sixth Amendment affords suspected criminal to a speedy trial in a public forum by an impartial jury. Depending on the state and the charges against the defendant, they may have a different number of jurors in the trial. They also have the right to face their accuser with the confrontation clause, with exceptions like the dying declaration and evidence confrontation clause. You cannot confront a person you have been accused of killing or the evidence (like DNA) collected, however, you can confront the individual that collected or ran the evidence for proper procedure.

References:

The Fifth Amendment Explained:  The Constitution for Dummies Series (video)

The Sixth Amendment Explained:  The Constitution for Dummies Series (video)