Criminal Legal Process

The Fifth Amendment protect individuals against self- incrimination. The Sixth Amendment affords individuals protections in the criminal process.

This forum asks you to examine the rights afforded to individuals under the Fifth and Sixth Amendment.

Please thoroughly discuss each of the following:

1.Discuss the difference between an arrest and a custodial interrogation. When must Miranda be given to an individual?

2. Discuss how the court determines if a confession should be admissible or not. What does the court look for to determine if a confession is voluntarily given?

3. Discuss when an individual has the right to counsel. Is this right absolute? What other safeguards does the Sixth Amendment afford a criminal defendant?