CJ 3552 Lecture Notes - Lecture 12: Eyewitness Identification

• School: App State
• Department: Criminal Justice
• Course: CJ 3552
• Professor: Robert Norris

Document Summary

Self-incrimination clause: nor shall be compelled in any criminal case to be a witness against himself . In theory, this clause protects the favors of the accused. o. Religious courts and star chambers : designed to prosecute prominent members of society to make sure they get the punishment they deserve. People were forced to answer questions and basically prove that they were not heretics or political dissenters: basically, suspects had to prove their innocence. o. Early common law: the government was allowed to torture confessions out of individuals. As common law developed evidence of voluntariness. Incorporation of this clause: malloy v. hogan (1964) incorporated the self-incrimination clause to the states. Before 1964, the self-incrimination clause only applied to the federal government. Two things: you do not have to answer questions that may incriminate you. The fi fth amendment: not responding cannot be used against you. Four things to know about the right against self-incrimination: o.