Question

All of the following constitutional provisions have been relied upon by the courts to ensure that confessions are obtained fairly, except:

Answer 1

All of the following constitutional provisions have been relied upon by the courts to ensure that confessions are obtained fairly, except: 8th Amendment Prohibition against Cruel and Unusual Punishment. The correct answer is 4

Step-by-step explanation:

The constitutional provisions relied upon by the courts to ensure that confessions are obtained fairly include:

1. Escobedo v. Illinois, 378 U.S. 478 (1964): This case established that a person in police custody has the right to speak to an attorney.
2. Miranda v. Arizona, 384 U.S. 436 (1966): In this case, the Supreme Court ruled that police must advise criminal suspects of their rights under the Constitution, including the right to remain silent and the right to consult with a lawyer.
3. In re Gault, 387 U.S. 1 (1967): This case protected the rights of juvenile defendants under the Due Process Clause of the Fourteenth Amendment.

The constitutional provisions relied upon by the courts to ensure that confessions are obtained fairly include Escobedo v. Illinois, Miranda v. Arizona, and In re Gault. The right against self-incrimination, protected by the Fifth Amendment, is not one of these provisions.

One provision that has not been relied upon by the courts to ensure fair confessions is the right against self-incrimination, which is protected by the Fifth Amendment. The right against self-incrimination is more commonly invoked by individuals during their trials to refuse to testify against themselves. The correct answer is 4

Your full question was

All of the following constitutional provisions have been relied upon by the courts to ensure that confessions are obtained fairly, except:

1. Escobedo v. Illinois
2. Miranda v. Arizona
3. In re Gault, 387 U.S. 1
4. 8th Amendment Prohibition against Cruel and Unusual Punishment