Under the Constitution of the United States Fifth Amendment "No person ... shall be compelled in criminal, in every one witness against." This is generally to say, "legal" means.
As generally interpreted by appellate courts throughout the country, this means the government can not force them to testify. Nevertheless, the same courts ruled that the Fifth Amendment does not prohibit the government to require fingerprints, blood for chemistry experimentsor even DNA. Apparently, modern technology, is the Fifth Amendment meaningless.
But let your right is as relevant today as ever. This is because, although now expected to be found in most crimes forensic evidence and forensic identification, therefore, is either inconclusive or nonexistent.
Forensic identification and the CSI effect
Forensic identification will determine the application of forensic science for the people or objects from the left of evidenceat a crime scene. However, these techniques rarely live up to our expectations.
created docudramas The rise of forensic science television dramas and in popular culture, which some dub "The CSI Effect." The CSI effect is the unrealistic expectation that crime victims, juries, and even the crimes alleged demand for forensic science, especially Crime Scene Investigation "and DNA testing.
If a crime is committed, people expect law enforcement agencies for forensic evidence of the crime foundScene, the culprit points. More importantly, they expect that such evidence to be definitive and clear: John Doe broke into my house and stole my flat-screen TV, because his DNA is on my doorknob.
In reality, most crime to collect forensic evidence as disproportionately expensive or it is not at all remediable, it is also often not clear. For example, our stolen televisions above example: How many people have touched that door handle? Nobodywhite. When was the last time the door handle was cleaned? Again, unknown age of evidence on the door handle is also unknowable. Is there enough tracks oils to collect a practical test? Probably not. Non-DNA forensic is still suspect.
How Law Enforcement Gets convictions
Surprisingly, even in the 21 Century, most crimes are solved by confessions final. To evoke confessions, law enforcement often uses false promises leniency or outrightLies. Both are completely legal.
During an interrogation, the police arrested a suspect to say "If you are honest with us now, it will be easier for you. A judge is the how." This statement depends on your definition of "easier." Through their prospects if, before a confession tape, it is easier than guilty try to explain forced a false confession or to invoke. But most people who are "easier" to believe is less or no consequences. This is incorrect. Police are without the authorityto negotiate a plea deal between you and the government. Even more important is the job of law enforcement authorities to gather evidence, what precisely is what they are by making evoke a confession.
Also, during an interrogation, police suspect a "tell, we have an eye witness that saw you walk into the house. We know that you still television, we just do not know why you killed the cat?" The prosecution tried to get a suspicion of a more serious crimes by including the defense of a lesser crime, "Hey, Ijust have the TV, I have to kill every cat. "Again, this is law enforcement authorities of evidence, where they have little or none at all.
Let's not fool yourselves
The central lesson here is: If you are ever arrested or interviewed by the police only, call to say your right. People never talk their way out of an arrest, but often talk their way into one. The next right, you must invoke the Sixth Amendment is your right to a criminal defense counsel, theprevents the police to ask additional questions.
Also do not forget, you may have additional rights under your state constitution. For example, Utah courts have held that its Constitution Constitution provides broader protection than the Federal Republic. Contact a Utah criminal defense for applicable interpretation.
Their Fifth Amendment right is just as valid today as they were 200 years ago. Use it.
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