Discussion responses (JUS522)

1-When offenders are in some sort of police detention, there are some constitutional rights that could be violated depending on the circumstance. Many people have had their rights violated while in police custody, like George Floyd and Sandra Bland. Recent cases like these have started an uproar that has caused many ethical dilemmas. According to Hodgson (2015), the cross-examination of the suspect is maybe the most significant moment during detention, especially when you have evidence that is probably going to be integral to the trial and decisions concerning case dispositions will be accumulated. There are also certain constitutional rights that could be triggered from police detention. The legal counselor should likewise confirm the legitimateness of detainment and challenge it where vital; keep an eye on the welfare of the suspect, and make strides in setting up the defense case. So as to assume this role viably, legal advisors should be satisfactorily subsidized and to have adequate information on the body of evidence against their client to give important exhortation and support. On account of police officers, while the points of the suspect may well restrict those of the police, officers must acknowledge the authenticity of protection rights and comprehend the manners by which they can guarantee the credibility and dependability of strategies, as opposed to continue observing the defense role as contrary to that of a powerful investigation (Hodgson, 2015).

Reference

Hodgson, J. (2015). The role of lawyers during police detention and questioning: a comparative study. Contemporary Readings in Law and Social Justice, 2, 7.

2-Indivduals arrests cannot be held for an “unreasonable amount of time.” Although the amount of time that someone can be held without charges is limited, it may vary from state to state. Typically, most states cannot hold someone without charges for more than 72 hours. This person may not have an criminial record but they will have an arrest record. Under the 6th Amendent, the defendent has a right to a speedy trial which may limit a lengthly jail time prior to a conviction, as well as reduces the anxiety associated in awaiting for the court trial.

Reference:

Cornall Law School. (n.d.) Legal Information Institute. Retrieved from https://criminal.findlaw.com/criminal-rights/how-long-may-police-hold-suspects-before-charges-must-be-filed.html

3-Suspects can be held by police for up to 48 hours without being charged with a crime (Find Law, 2020). Additionally, the right to a speedy and fair trial prohibits defendants from enduring long, grueling court processes (Find Law, 2020). There are a few constitutional rights that come to mind when considering police detention. The most obvious choice is the 8th amendment of the Bill of Rights indicating that no one may receive cruel and unusual punishment (Find Law, 2020). Forcing individuals to miss work for prolonged periods of time without a charge would certainly be cruel and unusual. Another constitutional right that is protected by limiting the amount of time someone can be held is the 5th amendment (Find Law, 2020). The right to invoke silence is integral to the rights of defendants (Find Law, 2020). Over long periods of time, accused individuals are more likely to give false confessions, so it is important that defendants are not co-erced into giving false confessions (Find Law, 2020).

Reference:

Find Law, F. (2020, June 03). How Long Can You Be Held Without Charges? Retrieved October 25, 2020, from https://criminal.findlaw.com/criminal-rights/how-l…

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