Confessions are governed by which amendments?

• A. 4th Amendment
• B. 14th Amendment due process, 5th Amendment Miranda rights, and 6th Amendment right to counsel
• C. 5th Amendment only
• D. 6th Amendment only

Answer: (B)

Confessions are governed by the protections against self-incrimination and the procedures designed to safeguard them, which are applied to the states through the Fourteenth Amendment due process clause. In practice, custodial interrogations trigger Miranda warnings to protect the Fifth Amendment privilege against compelled self-incrimination. After charges are brought, the Sixth Amendment right to counsel also affects interrogation by guaranteeing access to counsel during the critical pretrial phase. Taken together, these controls—Fourteenth Amendment due process, Fifth Amendment Miranda safeguards, and Sixth Amendment right to counsel—govern how confessions are obtained and validated. The Fourth Amendment deals with searches and seizures and is not the primary framework for confessions.