Term
| #1 – Differentiate between an interview and interrogation. |
|
Definition
• The questioning of a victim, witness, or other person with information related to an incident or a case
• The formal, systematic, or intensive questioning by the police of a person arrested or suspected of committing a crime |
|
|
Term
| #2 – Explain reasons for gaining rapport with a subject. |
|
Definition
• Identify the purpose of the interview
• Offer the subject the ability to choose the time of the interview
• Ask introductory/non-threatening questions |
|
|
Term
| #3 – Identify purposes of interrogation. |
|
Definition
• To obtain information relevant to an investigation
• To discover additional evidence relevant to an investigation or establish innocence
• To obtain accurate and truthful information which may or may not lead to a confession or an admission |
|
|
Term
| #4 – Recognize factors to consider in determining if an individual is in custody. |
|
Definition
• The location of the interrogation
• The number of officers present
• The attitude of the officers toward the person being questioned
• The stage of the investigation (e.g., initial contact, jail interview, suspect’s court status)
• Whether or not the suspect is free to leave |
|
|
Term
| #5 – Explain the Miranda warning. |
|
Definition
• The suspect has the right to remain silent
• If the suspect gives up the right to remain silent, anything the suspect says can be used in a court of law against him or her
• The suspect has the right to speak to an attorney and have an attorney present when being questioned by the police
• If the suspect cannot afford one, an attorney will be appointed to represent the suspect before questioning begins |
|
|
Term
| #6 – Recognize under what two conditions an officer is required to read the Miranda warning to a suspect. |
|
Definition
• The suspect is in custody AND
• The suspect is being questioned/interrogated |
|
|
Term
| #7 – Recognize the standard against which a waiver will be judged when an accused waives his/her Miranda rights. |
|
Definition
• The warning and waiver have been given and that the statements were made knowingly, voluntarily,
• and intelligently |
|
|
Term
| #8 – Explain the fruits of the poisonous tree. |
|
Definition
(i.e., evidence that is obtained illegally)
If a confession is derived immediately from an unlawful arrest or illegal search, the confession is tainted and it may not be used against a suspect |
|
|
Term
| #9 – Recognize when police can further question a suspect who has previously been advised of his/her Miranda rights. |
|
Definition
• Once a suspect has been arraigned and has claimed counsel at the arraignment or preliminary hearing, the suspect may waive counsel’s presence and provide officers with a statement pursuant to a valid waiver of Miranda
• Police can further question a suspect who has previously been advised of his/her Miranda rights if
• The officer again advises the suspect of the Miranda rights and the suspect waives the rights AND
• The suspect expressly initiates the contact with officer
• If there is a break in custody for interrogation purposes, police may initiate further questioning of a suspect 14 days after release from custody |
|
|
Term
| #10 – Explain the public safety exception to the Miranda warning. |
|
Definition
| • Statements elicited from a defendant, as well as real evidence resulting from such statements, may be used in evidence even if the officers do not recite the Miranda warning before asking questions if the officers’ safety or the safety of others is in jeopardy |
|
|
