Section 6.3 Flashcards
Question
Admission/ Confessions
Miranda rights read
Re-question
Beach heading
Beach heading is unconstitutional according to what case?
Missouri v Seibert (2004)
Prior to 2004 one of the things police would do is arrest you and interrogate you without Miranda and then read them their Miranda and then re-question them. The officer tries to use the second questioning in court. The Supreme Court said what?
No this is not allowed and is considered beach heading
Missouri v Seibert (2004
Public Safety exception. Court case?
New York v Quarles (1984)
You do not need to do Miranda rights before these kind of questions and you do not need to read them their right and if they ask for a lawyer or choose to remain silent you can still ask them the questions if it meets what exception?
Public Safety exception
New York V Quarles (1984
Example, guy arrested in store with empty gun holster and he hid a gun. The officer says “where is the gun some kid is going to find it and shoot himself.” the guy says good point and where he had hidden the gun. The officer had a reasonable belief that he had hidden a gun and it was a direct threat to public safety and the police are allowed to ask those questions whether they have been Mirandized or not. What case does this refer to?
New York V Quarles (1984)
Inevitable Discovery. What case?
Nix V Williams (1984)
Police arrested someone for murdering a girl and burying her on his farm. They were systematically searching for her body and the officer with the suspect in the back said it was near Christmas and they will have to go through Christmas without the closure of their daughter. What did this speech become known as?
christian burial speech
Police arrested someone for murdering a girl and burying her on his farm. They were systematically searching for her body and the officer with the suspect in the back said it was near Christmas and they will have to go through Christmas without the closure of their daughter.. The guy said you caught me and took them to where it was because they were going to find it anyway. The Supreme Court said this was not a Miranda violation because of what?
Inevitable Discovery
Here in the United States if you are a foreign national of some other country you have the right to consult with who?
a consulate from your country
example, if you are from Spain and on vacation in the US and you get arrested for something you have the right to contact the Spanish consulate near to you. True or False
True
Americans also have the consulate option in other countries. True or False
True
Do you need two interviewers for an interrogation?
Yes, if possible
You need a witness to that you made to either do something or not do something. Recordings are great but it is also good to have someone else there so they can testify. If a defendant says his partner hit him. you can say you were there and you never saw it. True or False
True
Non-verbal communications are just as important as verbal. True or False
True
A famous study found that in any given conversation 90% of the material was given ___________.
Non-verbal
Tone of voice, physical gesture, look on your face are all examples of what?
Non-verbal communication
Excessive protestations of innocence are a sign of what?
guilt
Example, I did not kill him. How could you think that? I would never do that. That is insane. What is this?
Excessive protestations of innocence
Developing anxiety through waiting is an example of what?
Interrogation technique
Example, hold people overnight and the one who sleeps is most likely the one who did it because they know they care caught, wile the others stay up trying to figure out what is happening. True or False
true
If you want the anxiety to be less you should do what?
Interrogate quickly
Just like an interview you want to establish a quick attitude of a personal relationship. Make them comfortable and get them talking. What is this?
Building Rapport
Do you have the legal ability to promise anything during an interrogation?
no
Example, if you tell me what happened I will get the prosecutor to give you less jail time. Do you have the ability to promise this?
no
Can you say I think if you confess the prosecutor will do this or that?
Yes
There are positives and negatives to what kind of questions?
indirect and direct
“tell me what you did last night”
Indirect question
“How much money did you take out of the till”
Direct question
What did you do last night? What happened? Did he make you angry? Questions that do not necessarily ask about the crime are what?
indirect
Where did you get the gun? Why did you shoot him?
Direct questions
begging the question is also referred to as
raises the question
If I get shot that ____ _____ ______ who shot me.
raises the question
_____ ______ ______ assumes that has not been proven yet.
begs the question
“How much money did she take out of the till” This assumes something that has not been proven yet. True or False
True
Why did you shoot him? This is _______ the response
forcing the response
“Why did you shoot him?”
begs the question
You can _____ the ego to give them the confidence to know they did it or you can _____ the ego so they will tell you what they did
inflate
deflate
We know you killed them and done all of this. Yeah I did. this is an example of what?
inflating the ego
We know you are not smart enough to do it. Yeah I am this is what I did. This is an example of what?
deflating the ego
Example, you shot someone and tried to kill them (attempted murder) but they did not die. During interrogation we can say he did not die he just needs surgery it is not that bad and that can get them to say things because why?
Minimizing the crime
Example, they shot someone and you can say that was attempted murder and you could go to jail. You would do this to
Maximize the crime
Minimizing or maximizing the crime might help people to give more information. True or False
True
Example, two guys committed a burglary. We can take them into two separate rooms and say what?
We know it was the other guy.
projecting blame
Example, two guys committed a burglary. We put them in separate rooms and tell them both we know it was the other one and it was not really their fault this can make them talk so you can get more information. What tactic is used here?
projecting the blame
Example, of course you beat them what person would not be upset that they burnt your dinner.
Rationalizing
Put them at ease by agreeing with them. This can help people to talk and engage more with you so they will give you information. Example of ________.
Rationalizing
