Study Guide Flashcards
Define an interview
A spontaneous or planned conversation by which information is sought obtained and evaluated from persons having knowledge of events or circumstances related to a crime or incident
Define an interrogation
A process in which information acquired during the investigation is matched to a particular suspect for the purpose of gaining admissions or a confession as related to a crime or incident. An interrogation maybe custodial or noncustodial
What is the goal of an interview and interrogation
The goal is to obtain a truthful statement admission or confession
Brown versus Mississippi dealt with what
Use of force in obtaining a confession will make the confession in admissible
Escobedo versus Illinois dealt with what
When questioning shifts from investigation to focusing on the subject with the purpose of obtaining a confession the refusal to honor the accused’s request to consult with his or her attorney will make the statements inadmissible
Oregon versus Matheson dealt with what
Miranda warnings are not necessarily required simply because questioning takes place in a police station or because the question person is a suspect; there must be some restriction of freedom to place the suspect “in custody”
New York versus Quarles dealt with what
Miranda warnings need not be given prior to asking a suspect questions reasonably prompted by a concern for Public Safety
Maranda applies only to custodial interrogation. A custodial interrogation includes the following conditions
- The person is under arrest or is otherwise restraint.
- The interviewer is asking questions or engaged in other activity designed to elicit and incriminating response.
Explain what conditions constitute custody
It essentially means that I suspect is deprived of freedom in a significant way. If they suspect reasonably believes that he or she is compelled to talk to you and is not free to walk away from the interview, the interaction is likely custodial.
Identify how courts determine custody for Maranda purposes
The court will also ask whether a reasonable person in the suspects position would have felt free to end interview and leave. If not, the interview will be considered custodial. In Ramirez V state, the court ruled that; the extent to which the suspect is confronted with evidence of his guilt; whether the suspect is informed that he is free to leave the place of questioning.
Is requesting a suspect provide DNA swab required for Miranda
No it is not an attempt to Alyssa testimonial incriminating evidence miranda not require
The Christian burial speech is from what case
Brewer versus William US Supreme Court
Explain the possible results of failure to properly give Miranda warning
Failure to advise a suspect properly of the Miranda warnings when they required will result in the exclusion of any admissions or confession the suspect may have given. In addition, any additional evidence required as a result of the suspect statement may also be suppressed because of the taint from the Maranda violation under the fruit of the poisonous tree doctrine.
Identify proper actions when a subject invokes a constitutional right of silence or requests council
You may reapproach a suspect who only invoked his or right to remain silent after at least two hours to see if she is willing to talk to you
What should you identify about the case
Mr. stab list elements of the crime what occurred was it a crime against a person grabbing his property who was involved when did it occur where did it occur why did it happen how did it happen