CHAPTER F Flashcards
0
Q
- What is an interrogation.
- What is an interrogations purpose.
- Who is an interrogation different from an interview
A
- The systematic questioning of a person suspected of involvement in a crime.
- It’s purpose is to obtain a confession.
- An interrogation is ACCUSATORY.
1
Q
- What is an interview
- What is taken and what is reviewed
- What is the difference between an interview and an interrogation.
A
- A formal conversation conducted for the purpose of obtaining information.
- Notes are taken and major points are reviewed.
- An interview is NONACCUSATORY.
2
Q
- In what type of environment should an interview take place.
- Where would a good place for an interview be
A
- At A location where the subject is mentally relaxed.
2. In the subjects own home or place of business.
3
Q
- What considerations should be observed by the investigator during the interview.
A
- Develop a plan of action.
- Conduct the interview in private.
- Place the interviewee at ease
- Be a good listener.
- Ask the right questions.
- Don’t dispute the subjects answers.
- Maintain control of the interview
- Take brief notes.
- Adjourn the interview properly.
4
Q
- What type of questions should an investigator ask
- Why.
- What type of questions should an investigator avoid asking
A
- Open ended questions
- It forces the person to relate in his own words what happened
- Close ended questions that require yes or no answers. , avoid asking loaded questions , avoid asking leading questions that contain the answer
5
Q
- When taking brief notes what should an investigator avoid during the interview
- What astound the investigator never loose
A
- Avoid interruptions by taking too Many notes.
2. Eye contact
6
Q
- What are the goals of the interrogation. 5
A
- Learn the Truth of a crime and how it happened
- Obtain an admission of guilt
- Obtain all facts to determine the method of operation and the circumstances of the crime
- To gather information that enables investigators to arrive at logical conclusions.
- To provide information for use by prosecutors in possible court action
7
Q
- What is the interrogation designed to do
A
- Match information with a particular suspect to secure a confession.
8
Q
- What is the most influential type of evidence in court
A
The confession
9
Q
- What types of police conduct will cause a confession to be inadmissible in court. 5
10
A
- Confessions under coercion
- Duress
- Physical constraint.
- Unreasonable delay in arraignment
- Refusing legal council during interrogation
10
Q
- What is coercion
A
- The use or threat of use of illegal physical methods to induce a suspect to make an admission or confession
11
Q
- What is duress
A
- The imposition of restrictions on physical behavior , such as prolonged interrogations and depriving of water , food , or sleep.
12
Q
- What are some tactics that have been used on a suspect by an investigator to coerce a confession
A
- Fear tactics.
- Direct threats
- Intimidation
- Physical abuse
13
Q
- What are some methods used by investigators that are the blame of getting a false confession. 5
- What are these types of confessions referred to as
A
- Deception
- Fear tactics
- Unreasonably long interviews
- Sleep or food deprivation
- Exaggerating or minimizing the crime
- COERCED COMPLAINT CONFESSIONS
14
Q
- What is the most brutal and unconstitutional way to obtain a confession
A
- Physical abuse
15
Q
- What Methods by an investigator have been considered helpful and sometimes necessary to obtain info. Instead of using abuse 3
A
- Deception
- Trickery
- Other psychological tactics
16
Q
- What other technique can lead to false confessions
- What is maximization
- Obtaining a false confession this way is Called what
A
- Maximization
- The exaggeration of available evidence. Falsely telling subjects they did it and they know the suspect is guilty
- Coerced internalization
17
Q
- What is coerced internalization
A
- When a suggestible and highly confused suspect actually begins to believe he committed the crime
18
Q
- What does the due process clause of the 14th amendment state
A
- That a person after being charged with a crime must be taken before an arraignment before the nearest available magistrate without delay
19
Q
- What annendnent is the right to an attorney
20
A
- The 6th amendment
20
Q
- In addition to police reading a Suspect his rights. What else must also be done by the suspect.
A
- The suspect must also agree, freely and voluntarily , to waive his rights before police can begin questioning him
21
Q
- When can a suspect invoke his right to stop answering questions during an interrogation
A
- At any time
22
Q
- Must Miranda rights be given in precise order.
- Must Miranda rights use precise wording.
- What happens after a suspect requests an attorney.
- What is this know as
A
- No.
- No
- All police questioning must stop
- The bright line rule
23
Q
- After a suspect requests an attorney. And questioning has discontinued. When may police begin questing the suspect again. 2
A
- When the suspects attorney arrives and is present. Or
2. The suspect initiated contact with the officers.
24
Q
- Who is exempt from giving Miranda warnings.
2. When is the only time Miranda warnings aren’t required
A
- Probation officers need not read Miranda warnings to clients.
- During the issuance of traffic citations
25
Q
- What is the one exception to the Miranda warnings.
2. Example
A
- The public safety exception
2. Police chase man with a gun. Arrest him but can’t find gun. Are allowed to ask what he did with the gun
26
Q
- When do Miranda warnings apply
- And applies only to
- When does Miranda not apply
- What is considered a custodial interrogation 2
A
- Only when testimonial evidence is being sought
- Custodial interrogations
- When a person is free to leave
- When a suspect is arrested. Or when a persons liberty is restricted to a degree associated with arrest.
27
Q
- Example of when Miranda warnings do not need to be given
A
- Police go to a suspects home and he is questioned in a relaxed atmosphere at his own residence.
28
Q
- Example of when a Miranda warning MUST be given
A
- If a suspect is approached in his own home by officers possessing an arrest warrant.
29
Q
- What is the test as to weather or not Miranda warnings should be given during an interview.
30
A
- Whether or not the interview is custodial
30
Q
- In addition to the manner in which the investigator treats the suspect. It’s also important to consider what.
- Because of pressure from Peers and family members who might be present at the scene. Where should the interrogation take place
A
- The physical surroundings where the questioning occurs.
- The suspect should be removed from familiar surroundings and taken to a location with a more sterile and less threatening atmosphere.
31
Q
- What is a key psychological factor to a successful interrogation
- Why.
- How should the surrounding of the interrogation be
- What should the interrogation room look like.
What should it not look like
A
- Privacy
- It encourages the suspect to feel comfortable in unloading the burden of guilt.
- The surroundings should reduce fear and encourage the suspect to discuss his role in the crime
- The interrogation room should reflect s more business like atmosphere then a police like environment
32
Q
- Where should the interrogation be
- And how should it be set up and include 3
- What should it not include
A
- It should be isolated from the rest of office activity and away from noise and the sound of police radios, sirens, and intercoms and other interruptions
- Well lit but not glaring
- Furnishing should be minimal.
- Include chairs, pencil and paper.
3
- Preferably not include a desk.
- Not include distracting decorations
33
Q
- During an interrogation what should the investigators view of the suspect be.
- It shouldn’t be obstructed by what 2
- What should u have a full view
A
- The investigator should have a full view of the suspects body.
- Shouldn’t be blocked by tables , desks or other obstacles.
- Because nonverbal behavior can exist.