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