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6
Lesson Plan
Interrogations and Confessions
CONTENT AND COMPETENCIES
Content
This lesson will focus on the law of interrogations and confessions and will cover the five constitutional
Objectives
• Due process free and voluntary rule
• Rules governing interrogations
MATERIALS AND RESOURCES
Computer and PowerPoint projector
KEYWORDS AND TERMS
arraignment
derivative evidence
interrogation
_____________________________________________ Chapter 6 Interrogations and Confessions 2
Constitutional Law
Kanovitz
LESSON 6.1
CRITICAL THINKING QUESTION
What is the due process free and voluntary rule, and how does it govern police interrogations?
Guidelines: The government cannot coerce confessions. Confessions must be made without coercive
pressures from the government and cannot induce suspects to make statements they otherwise would not
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
due process
free and
voluntary rule
for confessions
and the
Introduction
The Free and Voluntary
Rule
Two-Part Test of
“Voluntariness”
The Fourth Amendment
Exclusionary Rule
PPT:
• 1–5
Figures:
• Fig. 6.1: Legal hurdles that confessions must pass in
• Fig. 6.4 Factors relevant to voluntariness
• Fig. 6.5 Fourth Amendment exclusionary rule
Exercises:
_____________________________________________ Chapter 6 Interrogations and Confessions 3
Constitutional Law
Kanovitz
LESSON 6.2
CRITICAL THINKING QUESTION
What governs police interrogations when a suspect is in custody?
Guidelines: Once a suspect is in custody, the pressures are even greater. In order to obtain statements that
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
restrictions on
police
interrogations
while a suspect
is in custody.
Overview of the Rules
Governing Custodial
Interrogation
McNabb-Mallory Delay
in Arraignment Rule
Statement and
Discussion of the Rule
The Miranda Rule
Overview
Custodial Interrogation
Defined
Custody Defined
Interrogation Defined
Miranda Warnings and
Waivers
PPT:
• 6–8
Figures:
• Fig. 6.6: McNabb-Mallory rule
• Fig. 6.7: Statement of the Miranda rule
Student Activity:
• Read and discuss Case Study 2
_____________________________________________ Chapter 6 Interrogations and Confessions 4
Constitutional Law
Kanovitz
LESSON 6.3
CRITICAL THINKING QUESTION
When does the Sixth Amendment right to counsel attach and what are the additional restrictions?
Guidelines: The Sixth Amendment right to counsel attaches after adversarial judicial proceedings have
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
heightened
Sixth
Amendment
Sixth Amendment Right
to Counsel during
Interrogations
Conducted after the
Deliberate Elicitation
Standard
Secret Interrogations
Using Undercover
Agents, Paid Informants,
and Jailhouse Snitches
PPT:
• 9–10
Exercises:
• In the Test Bank, choose True or False question 7
and Multiple Choice questions 9–10
Student Activity:
_____________________________________________ Chapter 6 Interrogations and Confessions 5
Constitutional Law
Kanovitz
LESSON 6.4
CRITICAL THINKING QUESTION
What are some restrictions on the use of confessions?
Guidelines: Police must be able to corroborate a confession with evidence of a crime committed (the copus
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
restrictions on
using
confessions.
Learn how
Use of Inadmissible
Confessions for
Impeachment
Restrictions on the Use
of Derivative Evidence
PPT:
• 11–13
Figures:
