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PRO 2024 > Chapter 21- Voluntary Statements Under 14th Amd > Flashcards

Chapter 21- Voluntary Statements Under 14th Amd Flashcards

1
Q

What are the two types of incriminating statements?

A
  1. The spoke admission
  2. Adoptive Admission
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2
Q

What is a spoke admission?

A

The most frequent type of incriminating statement

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3
Q

What must be proven to justify the use of an adoptive admission?

A
  • The suspect heard and understood the statement
  • Had an opportunity to respond
  • Context was one in which he would be expected to respond
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4
Q

Is the following scenario a good example of an adoptive admission? A girl calls the suspect and says ‘you killed my sister you can run but can’t hide,’ and the suspect hung up without saying a word.

A

Good

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5
Q

What does it indicate if a suspect never denied texts to a victim about sexual abuse?

A

It can be considered an adoptive admission

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6
Q

What are the three principles governing police interactions?

A
  • Voluntary statements
  • Warnings during custodial interrogation
  • No interference with the attorney-client relationship
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7
Q

What is a key consideration in determining if an interaction was coercive?

A

The characteristics of the suspect

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8
Q

Fill in the blank: The law governing police interactions stems from three principles: voluntary statements, warnings during custodial interrogation, and _______.

A

no interference with the attorney-client relationship

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9
Q

True or False: An adoptive admission can occur if the suspect does not verbally respond to a statement.

A

True

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10
Q

What is the primary focus of interrogation issues?

A

Voluntary considerations

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11
Q

What is required for Miranda rights to apply?

A

State action must occur involving custodial interrogation to obtain testimonial evidence

Miranda rights are protections afforded to individuals during police interrogations.

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12
Q

What does Miranda rights not cover?

A

Private individuals

Miranda rights are specifically applicable to actions taken by the state.

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13
Q

What two conditions must be met for Miranda rights to be relevant?

A
  1. The accused is in a custodial situation
  2. Interrogation occurs

Custodial situations typically involve detention or arrest.

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14
Q

What additional considerations must be addressed if the conditions for Miranda rights are met?

A
  1. Were rights administered properly
  2. Were rights waived or invoked

Proper administration of rights is crucial to ensure they are respected.

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15
Q

What is Article 12 concerning?

A

Right to counsel

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16
Q

When does the article 12 right to counsel apply

A

When accused is indicted or arraigned and being questioning on pending case without a waiver or lawyer present

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17
Q

What must occur for police to question an accused without a lawyer present?

A

There must be no waiver of rights

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18
Q

What does the 14th Amendment require regarding voluntary statements?

A

Statements must be rational and not coerced

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19
Q

What is a rational speaker defined as?

A

A speaker who is not suffering from severe mental illness, intoxication, injury, or other impairing conditions

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20
Q

True or False: A suspect high on PCP making irrational statements should be interviewed.

A

False

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21
Q

What two considerations determine lack of coercion?

A
  • How did police behave
  • What are the characteristics of the suspect
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22
Q

Fill in the blank: The totality of the circumstances is used to assess _______.

A

Lack of coercion

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23
Q

What is an example of physical coercion in police behavior?

A

Suspect beaten was coercion

This highlights the use of physical force to extract information or confessions.

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24
Q

What is the legal standing of forcing a suspect to lie naked and handcuffed while questioned?

A

No good

This indicates that such treatment is considered unacceptable and may invalidate a confession.

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25
Q

What constitutes an unacceptable threat in police questioning?

A

Telling a person his daughter would be raised by strangers

This type of threat is seen as coercive and can lead to the exclusion of any obtained confession.

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26
Q

What is an example of a legally acceptable coercive statement during police questioning?

A

You’re not doing yourself any good lying to us

This implies that the police are encouraging honesty without direct threats.

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27
Q

In a scenario where a gun is found in a car, what is a good practice by the police regarding arrests?

A

Didn’t arrest girlfriend to get a response

This suggests that not coercing or threatening another party can lead to more reliable confessions.

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28
Q

Bringing diabetic person to hosptial and figure out they’re okay and start questioning them, good or bad

A

Good

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29
Q

Telling someone they won’t receive medical attention if they don’t answer questions first

A

No good

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30
Q

Telling someone if they speak with you you will try to get them help

A

Good

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31
Q

After rights waiver police walk a person by suspect and say they implicated him although it was a lie

A

Good

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32
Q

Lie about surveillance footage, prints at the scene and say to come clean for his girlfriend

A

Good

33
Q

Person suffering from alcohol delirium was told a witness saw him at the scene told his friend would blame him

A

No good

34
Q

Can you trick people into waiving their Miranda

A

No

35
Q

What should you never combine false info with

A

Minimization or offer of leniency

36
Q

What is the minimization technique in interviews?

A

Lulling the suspect into a false sense of security by offering sympathy or saving face.

37
Q

What is an example of an improper interview technique?

A

3 hour interview with false statements about witnesses.

38
Q

How does an improper interview minimize a suspect’s involvement?

A

By wrongly stating it was his last chance to talk.

39
Q

What is an example of a false statement made during an improper interview?

A

Saying five witnesses saw him.

40
Q

What is a proper interview technique regarding the suspect’s statement?

A

Stating people will listen to the interview.

41
Q

What is an example of a good statement to make during a proper interview?

A

If you somehow went into the store and the gun somehow went off, today is the day you tell us.

42
Q

Why is promising a specific outcome in an interview considered improper?

A

It can mislead the suspect about the consequences.

43
Q

What is an example of an improper promise made during an interview?

A

You will very likely avoid being charged with a felony.

44
Q

What is a proper way to discuss potential charges with a suspect?

A

Stating you will discuss with the DA about the charges.

45
Q

What type of appeals are considered good in legal contexts?

A

Reasonable psychological or religious appeals

46
Q

What is advised to a suspect regarding admitting a crime?

A

Admit crime so victim could get help from abuse

47
Q

What is a benefit of a suspect admitting to a crime?

A

Allows the victim to rest in peace

48
Q

During questioning, do you have to inform a person that they are a suspect?

A

No, you do NOT have to tell the person they are a suspect

49
Q

What should you do if you respond to a legal question?

A

Provide accurate information

50
Q

What should you NEVER do regarding a suspect’s need for a lawyer?

A

Mislead a suspect about needing a lawyer

51
Q

What is misleading a suspect about their arrest status?

A

Telling someone they are not under arrest so they don’t need a lawyer

52
Q

What should you avoid telling a suspect if they call an attorney?

A

All deals are off

53
Q

What are suspects legally obligated to do?

A

Tell the truth

54
Q

What shouldnt you suggest about the interview process?

A

It is the only time they can present their side to the jury

55
Q

What is the implication of the police station setting during interrogation?

A

It is inherently more coercive than the home or business.

56
Q

How does the number of officers present affect an interrogation?

A

It is a factor that can influence the dynamics of the interrogation.

57
Q

What is the stance on off-hours interrogations?

A

They are strongly disapproved, particularly during sleeping hours.

58
Q

What impact does providing food and drinks have on interrogation length?

A

It allows for a longer interview length, such as 11 hours with breaks being effective.

59
Q

What was the positive action taken regarding child care during an interrogation?

A

Purchasing food for the suspect’s daughter and soda for the suspect while waiting for alternative care.

60
Q

Fill in the blank: The police may implicate other agency informant if they do not _______.

A

[mislead him]

61
Q

True or False: A home environment is more coercive for interrogation than a police station.

A

False

62
Q

What is a major factor influencing a suspect’s characteristics?

A

Age

Younger people are more prone to coercion.

63
Q

How does education level affect a suspect’s susceptibility?

A

Low education levels increase susceptibility

Individuals with lower education are more likely to be coerced.

64
Q

What role does intelligence play in a suspect’s characteristics?

A

Intelligence affects vulnerability to coercion

Lower intelligence may lead to higher susceptibility.

65
Q

Can mental illness impact the validity of a confession?

A

Yes

Example: A person with anorexia and depression who was treated nicely had a valid confession.

66
Q

What does 92a require for deaf or hard of hearing suspects?

A

An interpreter must be obtained by the arresting officer

Statements made without an interpreter are inadmissible.

67
Q

What must police ensure regarding a suspect’s language proficiency?

A

The suspect can adequately speak English or provide translation

Minor variations in translation did not prevent the suspect’s understanding.

68
Q

What should be done during any interview with a translator?

A

It should be recorded unless impractical.

69
Q

Why is experience with the justice system relevant?

A

It can affect the suspect’s understanding and interaction with the legal process.

70
Q

What does self-protection imply for the accused?

A

If the accused has the right mind to refuse to answer questions, they are likely not intimidated.

71
Q

How does physical condition affect a suspect’s vulnerability?

A

An injured or ill suspect is more vulnerable, especially if in unbearable pain.

72
Q

What considerations should be taken into account regarding alcohol or drug intoxication?

A

Outward signs of sobriety and prior experience with the suspect.

73
Q

What is required for all statements against the accused?

A

They must be voluntary.

74
Q

What must all statements against the accused be?

A

Voluntary

This emphasizes the importance of the accused’s consent in the legal process.

75
Q

What is the HUMANE PRACTICE RULE regarding statements made by the accused?

A

The judge must conclude that the statements were voluntary

This rule ensures that confessions are not coerced.

76
Q

What standard must a jury consider regarding statements under the humane practice rule

A

Beyond a reasonable doubt

This standard is crucial for ensuring fair trials.

77
Q

True or False: Involuntary statements to private citizens are acceptable in court.

A

False

Involuntary statements are inadmissible regardless of the audience.

78
Q

What is required for a conviction regarding confessions?

A

At least some evidence that the crime occurred

This prevents convictions based solely on uncorroborated confessions.

79
Q

Fill in the blank: No convictions can be based solely on _______.

A

uncorroborated confessions

This highlights the need for additional evidence.

PRO 2024 (16 decks)

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