Iycee Charles de Gaulle Summary Thought such as “fairness” and “voluntariness” with

Thought such as “fairness” and “voluntariness” with

Thought Paper

Present day police interrogation is routinely deceptive. Police are
instructed and lawfully able to trick, lie, and falsify so called “voluntary”
deception, however, is more subtle, convulted, and ethically puzzling than physical
coercion. The law reflects this obscurity by being perplexing, even in some
sense, conflicting. Police are “consented” to pose as drug dealers, but not to
use disingenious tactics to gain entry without a search warrant, nor are they
permitted to adulterate an affidavit to obtain a search warrant. What I
find more interesting now, is that the courts and police force have focused on
a more common and refined form of coercion which is psychological influence. Although
people are ambushed into this practice of psychological coercion, it is
ultimately up to that said person to not be manipulated even under extenuating
circumstances one must still have control, but with this being said, this type
of deception should still hold no place in our criminal justice system.

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            Whether a confession
meets the shifty standard of voluntariness is to be judged by “the totality of
the circumstances.” Under that unrestricted and abstract guideline, an
admission is held up against “all the facts” to decide whether it was the
product of a “free and rational will” or whether the suspect’s will was
badgered by police pressure. But to this day, the courts can not reconcile ideas such as
“fairness” and “voluntariness” with the progressively practiced methods  of a psychologically overbearing
interrogation. In the case with the Florida court, even though it would
have been permissible for the police to have made false verbal representations
to the same effect, I fall more so on the side of California’s state law, the
issue of voluntariness should be on a case-by-case basis under a totality of
the circumstances test. Fabricated documents are not considered automatically
coercive and police
deception does not automatocally render a confession involuntary. Police deception does not
automatically invalidate a confession especially where there is no doubt that
the defendant was read and understood their Miranda rights. But with this
renowed Florida case, the police definetly overstepped the line of permitted deception because
they did not take into account the use of fabricated evidence being
treated as one factor among many others instead, it was solely focused on
negating an invountary confession to close the case.

Whether or not the Florida man truly committed the
crime may be up in the air, but the process of false or involuntary confessions
are among the leading causes of wrongful conviction. This leads to the slippery
slope scheme enables the message that police coercion is sometimes acceptable,
and that a confession elicited by police deception will almost always be
considered “voluntary.” A verbal lie can be more or less convincing,
depending upon the author- ity of the speaker. propriety of lying in the interrogatory
context, tend to undervalue the significance of the long-term harms caused by
such authorized deception: namely, that it tends to encourage further deceit,
undermining the general norm against lying. Yet the slippery slope argument
applies to lying as well as to falsifica- tion of documents. We are routinely
presented with documents in court files which we must assume to be
genuine. Additionally, if the conduct taken in this case were allowed,
this might be opening the door for police to fabricate other court documents thereby
undermining public respect for the authority and integrity of the judicial

If there is police coercion, courts should consider
individual characteristics of the defendant.  All circumstances are
relevant, including the defendant’s age, experience, education, background, and
intelligence. The streneous part is that there is either a large declaration of
either having faith in the legal system or no faith at all. The system is
considred “too corrupt” byy many and makes the means of legal action sometimes
less apealing. In order to build back up what’s one common-sense reform that you
would recommend to improve the process of police interrogation procedures