The Fifth Amendment protect individuals against self-incrimination. The Sixth Amendment affords individuals protections in the criminal process. This discussion asks you to examine the rights granted to individuals under the Fifth and Sixth Amendments.

Please discuss each of the following:

1. Discuss when Miranda must be given to an individual, including the difference between an arrest and a custodial interrogation.

2. What does the court look for to determine if a confession has been voluntarily given?