Test 1 Flashcards
Miranda Warning
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.
Do not need to mirandize when the interview discussion is voluntary
non-custodial
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”
minimizing and maximizing technique
“She started it”
projecting blame
The fifth amendment
protects criminal defendant from self incrimination
The sixth amendment
guarantees a criminal defendant representation by an attorney during prosecution
_____ is when a defendant is deprived of freedom in a significant way under a totality of the circumstances
custody
a defendant is not in custody during:
a traffic stop or a brief terry stop
if a traffic stop or terry stop leads to an arrest however defendant will be in ___
custody
Anderson factors (1)
time and location of interrogation
Anderson factors (2)
duration and character of questioning
Anderson factors (3)
officers tone of voice and general demeanor
Anderson factors (4)
suspects method of transportation to place of questioning
Anderson factors (5)
number of police officers present
Anderson factors (6)
any limitation on movement or other form of restraint imposed on the suspect during the interrogation
Anderson factors (7)
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
Anderson factors (8)
the extent to which the suspect is confronted with the law enforcement officer’s suspicions of guilt or evidence of guilt
Anderson factors (9)
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
