Test 1 Flashcards

1
Q

Miranda Warning

A

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

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2
Q

Do not need to mirandize when the interview discussion is voluntary

A

non-custodial

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3
Q

Tell them what sounds good; Ex: when talking to a rapist you could say “maybe it was consensual, he is just looking for love, etc”

A

minimizing and maximizing technique

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4
Q

“She started it”

A

projecting blame

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5
Q

The fifth amendment

A

protects criminal defendant from self incrimination

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6
Q

The sixth amendment

A

guarantees a criminal defendant representation by an attorney during prosecution

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7
Q

_____ is when a defendant is deprived of freedom in a significant way under a totality of the circumstances

A

custody

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8
Q

a defendant is not in custody during:

A

a traffic stop or a brief terry stop

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9
Q

if a traffic stop or terry stop leads to an arrest however defendant will be in ___

A

custody

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10
Q

Anderson factors (1)

A

time and location of interrogation

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11
Q

Anderson factors (2)

A

duration and character of questioning

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12
Q

Anderson factors (3)

A

officers tone of voice and general demeanor

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13
Q

Anderson factors (4)

A

suspects method of transportation to place of questioning

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14
Q

Anderson factors (5)

A

number of police officers present

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15
Q

Anderson factors (6)

A

any limitation on movement or other form of restraint imposed on the suspect during the interrogation

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16
Q

Anderson factors (7)

A

any interactions between the officer and the suspect, including the words spoken by the officer to the suspect, and the suspects verbal or nonverbal responses

17
Q

Anderson factors (8)

A

the extent to which the suspect is confronted with the law enforcement officer’s suspicions of guilt or evidence of guilt

18
Q

Anderson factors (9)

A

the extent to which the suspect is made aware that he or she is free to refrain from answering questions or to end the interview at will