In a case where the police have reason to believe that an individual has been involved in a crime, it is their responsibility to obtain a warrant of arrest unless the law provides otherwise as well as depending on the crime committed by a person. Obtaining a warrant should be allowable when the law enforcement authority has belief that there is a possibility of evidence destruction by the suspect. Interrogation of suspects is allowed by the police have to read the individual his/ her rights (Miranda rights). This has to be done during questioning but the police have no obligation to do so during arrest. In case incriminating evidence is provided, the work is made easier.
The suspects have no obligation however, to give incriminating evidence (Samaha, 2012). The suspects can chose not to answer some of the questions posed during interrogations. Because of this, he police have come up with strategies such as manipulation, persuasion and deception which help them to elicit the information they desire from the suspects under interrogation. The objective of all the methods is to get the suspects to admit to the crimes committed. Since the police are an arm of the prosecution, it is their objective to meet the ends of justice based on the truth. Sometimes deception is used to make the suspects believe that the given information would help to exonerate them.
Although interrogation is allowed, coercion is not allowed as it leads to the acquisition of false information contrary to persuasion which results in truthful information. Coercion may involve dehumanizing practices such as torture, use of violence or denial of food among others. Although not all information received via coercion is lies, it causes emotional stress and results in worrying conviction trends. Coercion has extensive damage to the police institution and great impacts on juveniles, the mentally handicapped and weak suspects (Terrill, 2001).
Samaha, J. (2012). Criminal procedure. Belmont, CA: Thomson Wadsworth. Terrill, W. (2001). Police coercion: Application of the force continuum. New York: LFB Scholarly Publishing LLC.
Terrill, W. (2001). Police coercion: Application of the force continuum. New York: LFB Scholarly Publishing LLC.
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