Flashcards in Study Guide Deck (29)
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
How should you document the case with your notes
They should be organized notes help you remember important facts notes are helpful if another officer becomes involved in investigating the case and notes help you complete your final investigative report
Establish a timeline for the events leading to the incident
Update the information as facts are discovered. This tool will help keep the case organized. Timelines help establish what you know, what you don't know, and what you need to know.
Develop a list of specific questions must be answered throughout the interview an investigation
This list will help you ask the important questions that will establish the elements of the crime and the individuals involved.
What kind of information will help establish interviewees normal behavior patterns builder poor and assist in developing things that relate to the interviewee
What factors determine the interviewees competency and credibility to testify in court
Factors include age, level of intelligence, mental state, relationship to individuals involved in the case, prejudice or biased, language barrier, mental state or impairment, and his or her presents, consciousness, and alternative mess at the scene of the incident.
What kind of interview is not recommended to take the place of a person-to-person interview; however this contact can be a means of screening potential interviewees to determine whether an interview in person as necessary and what should you be familiar with
Phone interview and you should be familiar with your agency's policy on recording the phone call
What should be considered when determining the best location and time for the interview
Keep your distance from other people involved in the incident to avoid others overhearing interview.
Separate witnesses victims and suspects of the stores are not contaminated or rehearsed.
What are some things should be done to minimize distractions and control the interview setting
For interviews conducted in your office, try to eliminate phones, pictures, personal belongings, and anything that would distract interviewee.
Eleminste law-enforcement related items such as handcuffs, weapons, certificates or plaques, injury, when possible.
What focuses on the communicative aspects of hands and arms, posture, and gross bodily movements.
What are physiological signs you may see during an interview when deception is occurring
Increased perspiration, flushed or pale skin, dry mouth, and increased pulse rate or observable change and breathing rate.
What are behavioral signsyou may see during an interview when deception is occurring
Nervous movements, pacing, voice inflections, inability to sit still, refusal to look at questionnaire, rehearsed answers, and consistent response was, attempt to change line of questioning, over eagerness to help, too much or too little clarification, and repeated insistence that simple questions are not understood.
Identify factors of body language you may see during an interview when someone is being truthful
Open and receptive body posture, maintaining eye contact with interviewer, composed, relaxed.
Identify factors a behavioral signs you may see during interview when someone's being truthful
Answers that are on rehearsed, consistent, direct, exhibiting confidence, obvious and sincerity in assisting the interviewer.