Law School

Criminal Procedure Part Five: Interrogation and Confessions: The Fifth Amendment

Jan 16, 2026
Dive into the complexities of the Miranda Rule and its critical role in protecting your rights under the Fifth Amendment. Explore key cases like Brown v. Mississippi and discover the nuances of custody and interrogation. Learn about the required Miranda warnings and how they affect legal proceedings. The discussion also highlights exceptions, like the public-safety exception and the use of unwarned statements for impeachment. A roadmap for understanding confessions and their legal implications rounds out this engaging analysis of constitutional law.
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INSIGHT

Three Distinct Constitutional Lanes

  • Confession law runs on three separate constitutional lanes with different triggers and remedies.
  • Treat due process, the Fifth (Miranda), and the Sixth as distinct sequential tests on exam answers.
ANECDOTE

Brown v. Mississippi's Brutal Example

  • Brown v. Mississippi involved defendants who were physically tortured until they confessed.
  • The Court excluded those confessions because physical compulsion destroyed voluntariness and reliability.
INSIGHT

Due Process Is An Absolute Floor

  • Due process voluntariness is an independent, absolute constitutional floor that bars coerced confessions for all purposes.
  • Police deception about evidence is only one factor and does not automatically make a confession involuntary.
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