con 7 Flashcards
What does ‘LIFF’ stand for in Groome Factors?
Location, Interview Style, Focus, Freedom to Leave
What is required for juveniles aged 12/13 and under during interrogation?
Must have parent or interested adult present (parent preferred)
Actual Opportunity is required, meaning they must discuss their rights
What must police do when a juvenile is being interrogated without a parent or adult present?
Failure to have a parent or interested adult present will invalidate Miranda waiver
What defines a ‘Highly Sophisticated’ youth in the context of Miranda rights?
Youth has been in court system multiple times and knows the system in and out
What is the age at which an individual is considered an adult regarding Miranda rights?
18 years and older
Who possesses the rights during a Miranda waiver for juveniles?
The rights belong to the juvenile, NOT the adult
What must both the juvenile and the parent/interested adult understand?
Warnings given during the Miranda process
What must police do until a parent or interested adult arrives?
Avoid talking to the juvenile
What is the minimum age for a parent or interested adult to be present during interrogation?
Over 18 and not incapacitated
When does the 6 Hour Interrogation Rule start?
When the arrest is made
What is the SJC’s preference regarding suspect interviews?
Suspect’s interview should be recorded
What is the Public Safety Exception in relation to Miranda rights?
Police may briefly question a suspect in custody without Miranda if public safety is at stake
Is Miranda required during traffic stops?
Generally not required
What is the status of booking questions in relation to incrimination?
Generally, not incriminating
What must police do if they find evidence during a booking search?
Must mirandize before asking questions about the evidence found
Fill in the blank: The rights during Miranda waivers belong to the _______.
juvenile
Fill in the blank: Police must avoid talking to the juvenile until a _______ arrives.
parent or interested adult
