7.1 assignments - nrll PDF

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1.How does the self-incrimination clause relate to this case? Explain in detail. The self-incrimination clause permits an induvial to disclose information that could be used against him or her in a criminal prosecution. Connelly told an off-duty officer that he had murder a girl and that he understood his Miranda. He also told the officer that he did not do drugs, alcohol, and had been a patient in several mental hospitals. Connelly’s illness destroyed his volitation and compelled him to confess. Connelly’s mental state vitiated his attempted wavier of the right to counsel and the privilege against compulsory self-incrimination. 2.Was Connelly compelled to confess or admit guilt? Explain. Connelly was compelled to admit guilt. He admit guilt because on his own will, without anyone asking he told the off-duty officer what he did. Connelly was suffering from chronic schizophrenia and was in a psychotic state the day before he confessed. Specifically, that he was following the voice of god from the time he came to Colorado from Boston to the time he confessed. 3.Relate the differences between criminal and noncriminal proceedings in this case. Was this a criminal or noncriminal proceeding? If it had been the other, how would the law have applied differently? It was criminal proceeding because Connelly told an officer he murdered a young girl. 4.Does this case represent a confession or admission? Explain. It represents an admission rather than confession. He was not needed to be preceded by police questioning. He simply admitted to the involvement in a crime without any police encouragement. 5.How does the concept of being a witness against oneself apply in this case? Explain. Connelly made a communicative information testimony against his self. Connelly approached an off duty police officer and without any provocation told the officer he murdered somebody and wanted to talk about it. The officer advised the Respondent of his Miranda rights. The Respondent said he understood, but wanted to still talk about the murder. 6.How does due process voluntariness apply in this case? Explain. The 14th Amendment states that convictions following the admission into evidence of confessions which are involuntary, coercion, either physical or psychological, cannot stand. Confession is admissible only if it is a product of the defendant’s rational intellect and free will. The Colorado trial court decided that Connelly statements must be suppressed because they were involuntary. The use of a mentally ill person’s involuntary confession is antithetical to the notion of fundamental fairness embodied in the Due Process Clause....