Chapter 5 Flashcards
Interviews
Conversation to obtain information
Interrogations
Also an interview, but with the purpose to obtain incriminating evidence.
Berkener v McCarty (1984)
No miranda warnings during traffic stops.
When do you have to read miranda rights?
Once you start questioning somebody in custody.
What are pacifying behaviors in interviews?
- Hand behaviors
- Swearing to truthfulness
What is a confession?
The suspect admits that they committed the crime.
What is an admission?
The suspect gives information related to the crime.
Davis v. United States (1994)
Ambiguous statements saying that you might want to talk to your lawyer does not invoke your miranda rights.
What is custody?
The detained person is deprived of their freedom.
Rhode Island v. Innis (1980)
Officers can try to draw information out of people without reading their rights.
Brown v Mississippi (1936)
Confessions have to be voluntarily given.
McNobb Mallory Rule (1956)
You must promptly present the suspect to a judge after arrest.
Ashcroft v. Tennessee (1944)
36 hours of continuous investigation, ignoring asking for an attorney.
Brown v. Mississippi (1936)
Like Ashcroft
Spano v. New York (1959)
Cannot give psychological pressure.
Escebedo v. IL (1964)
Ignoring asking for attorney.
Miranda v. Arizona (1966)
Didn’t understand explicit rights to remain silent.
Miranda Rights.
Frazier v. Cupp (1969)
Deceptive practices are fine.
Florida v. Powell (1910)
Miranda rights can be paraphrased. Order not fixed.
Berghuis v. Thompkins (2010)
To invoke your miranda rights, you have to tell the police you want to remain silent.
Salinas v. Texas (2013)
5th amendment rights don’t work until you invoke them.
NJ v. Samander Dabas (2015)
Reversal of conviction based on bad notes.
Brady v. Maryland (1963)
Evidence cannot be suppressed.
NIBIN
Ballistic Intelligence
National Tracing Center
Gun origin
Namus
Unidentified people
NCIC
FBI high profile database.
NLETS
Secure channels for police communication
Accurint
Credit reports, etc.
Lineup
Suspect brought into a room with fillers (not used that often)
Showup
Single suspect shown to witnesses
Photographic lineup
6 pictures, only one of which is the suspect.Y
You can refuse to participate in a lineup if you are in custody. (T/F)
False
IAFIS
Integrated automated fingerprint identification system.
Forensic science
Answering legal questions based on a crime.
Criminalistics
Physical evidence related to a crime.
Morgue
Usually part of a hospital
Frye v. US (1923)
Inadmissibility of deception tests (first polygraphs)
Maryland v. King (2013)
DNA samples incident to arrest approved.
Daubert v. Merrell Dow Pharmaceuticals (1993)
Expert witness must use scientifically valid evidence. “The Daubert Standard”
Types of DNA Tests
RFLP
PCR
RFLP Test
Restriction fragment length polymorphism
Who wrote Friction Ridge Skin (1983)
James F. Cowger
Ways of classifying ridge lines
Ridge Counting - Loops
Ridge Tracing - Whorls
Minnick v. Mississippi
Once council is requested, interrogation must cease.
Brewer v. Williams
“Christian Burial,” used to draw out information. very similar to Rhode Island case.
