Criminal Investigation: Interrogation Process

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Questions and Answers

What year did the landmark Miranda decision occur?

1996

1966 (correct)

1988

2008

What was the main concern of the Supreme Court regarding in-custody interrogations prior to 1988?

Mentally coercive methods (correct)

Lack of privacy during interrogations

Inexperienced interrogators

Physically coercive methods

What was the result of the Chambers vs. Florida case?

The court ruled in favor of the suspect

The court allowed physical coercion during interrogations

The court recognized mental coercion as a form of unconstitutional inquisition (correct)

The court prohibited in-custody interrogations

What is the primary focus of the interrogation process in this section?

Procedures and approaches for a successful interrogation Signup and view all the answers

What changed significantly after 1988 regarding the Miranda decision?

The restrictions on officer interrogations were relaxed Signup and view all the answers

What is a primary concern regarding interrogations, according to the Supreme Court?

The privacy of the interrogation room Signup and view all the answers

What is the principal psychological factor contributing to a successful interrogation, according to police training manuals?

Privacy Signup and view all the answers

What is the purpose of displaying an air of confidence in the suspect's guilt during an interrogation?

To highlight the isolation and unfamiliar surroundings Signup and view all the answers

What is the 'good guy-bad guy' routine used for in an interrogation?

To induce a confession Signup and view all the answers

What led to the creation of the Miranda Rules?

Police brutality during interrogations Signup and view all the answers

In what case did the U.S. Supreme Court establish the Miranda Rules?

Miranda vs. Arizona Signup and view all the answers

What is the fundamental principle that the Miranda Rule was formulated to further?

The principle of voluntariness Signup and view all the answers

What is the consequence of failing to give the Miranda warnings in a custodial situation?

The statement is presumed to be involuntary Signup and view all the answers

What is the difference between an assertion of the right to remain silent and an assertion of the right to counsel?

One permits resumption of questioning, while the other does not Signup and view all the answers

What is the significance of the voluntariness test prior to Miranda vs. Arizona?

It was used to determine the admissibility of confessions Signup and view all the answers

What is the result of a statement being obtained through coercion by the police, even if the suspect has been advised of their Miranda rights?

The statement may be involuntary Signup and view all the answers

What might be indicated by a subject rubbing their nose with their index finger before answering a question?

Doubt or uncertainty about their answer Signup and view all the answers

What is suggested by a person's hand-to-face movement, such as covering the mouth while talking?

Deception or hiding the truth Signup and view all the answers

What is often accompanied by deception, according to experiments?

Increased self-manipulation and rapid arm and hand movement Signup and view all the answers

What is the primary test to determine if Miranda warnings are required during an interview?

Whether the interview is custodial Signup and view all the answers

What might be indicated by a person straightening their collar or tugging at a closed collar or shirt cuffs?

Feeling vulnerable or defensive Signup and view all the answers

Which of the following scenarios is most likely to require Miranda warnings?

A suspect is questioned in a boarding house room after being told they are under arrest Signup and view all the answers

What is the definition of 'interrogation' in the context of Miranda?

A situation in which the police know or should know that their questioning is reasonably likely to elicit an incriminating response from the subject Signup and view all the answers

What does a person's movement away from the officer, such as turning the chair sideways, suggest?

Unwillingness to cooperate or deceive Signup and view all the answers

What is proxemics an aspect of?

Nonverbal communication Signup and view all the answers

What is the purpose of the Miranda warnings?

To inform the suspect of their rights Signup and view all the answers

What is an 'express questioning' in the context of Miranda?

A direct question asked by an officer to elicit an incriminating response Signup and view all the answers

What might be indicated by a person stroking their chin during an interrogation?

Deception or uncertainty Signup and view all the answers

What is the 'functional equivalent' of express questioning in the context of Miranda?

A comment made by an officer in the presence of the suspect to induce a confession Signup and view all the answers

What is a common pattern of hand-to-face movement that may indicate deception?

Covering the mouth while talking Signup and view all the answers

What is suggested by a person grooming themselves during an interrogation?

Deception or uncertainty Signup and view all the answers

What is the primary purpose of an interrogation in a criminal investigation?

To obtain information pertinent to the investigation Signup and view all the answers

What is an 'admission' in the context of an interrogation?

An incriminating statement that indicates but does not acknowledge guilt Signup and view all the answers

What is a nonverbal cue that may indicate a person is trying to direct attention away from themselves?

Sudden attention to spots on clothing Signup and view all the answers

What is the difference between a 'confession' and an 'admission' in the context of an interrogation?

A confession is a direct acknowledgement of guilt, while an admission is an incriminating statement that indicates but does not acknowledge guilt Signup and view all the answers

What is the term for a situation in which a suspect is detained briefly on the street by an officer for investigation?

Investigatory detention Signup and view all the answers

What is the main purpose of the Supreme Court cases Edwards vs. Arizona and Minnick vs. Mississippi?

To establish the consequences of asserting the right to counsel Signup and view all the answers

According to the Edwards vs. Arizona case, what happens when a suspect asserts the right to counsel?

The suspect is not subject to further interrogation by the authorities until counsel has been made available Signup and view all the answers

What is the effect of an assertion to the right to counsel, as stated in Edwards and Minnick?

Police must terminate the questioning immediately and cannot resume unless the suspect's attorney is present or the suspect initiates new contact Signup and view all the answers

What is the purpose of an interrogation, according to the objectives of this lesson?

To elicit a confession or incriminating statement Signup and view all the answers

When does Miranda apply, according to the lesson?

Only when testimonial evidence is being sought Signup and view all the answers

What is an example of non-testimonial evidence, according to the lesson?

A voice exemplar Signup and view all the answers

What determines whether an interview is 'custodial' for purposes of Miranda?

Whether the suspect's liberty has been restricted to a degree associated with a formal arrest Signup and view all the answers

What is the significance of the Minnick vs. Mississippi case?

It clarified the consequences of asserting the right to counsel Signup and view all the answers

Why may police agencies require Miranda warnings even when non-testimonial evidence is being obtained?

To comply with departmental policy Signup and view all the answers

What happens if the suspect initiates new contact with the police after asserting their right to counsel?

The police can resume questioning with the suspect's attorney present Signup and view all the answers

What is the advantage of conducting an interrogation soon after the offense?

The suspect has less time to come up with a false story Signup and view all the answers

What is the recommended setup for an interrogation room?

A room with minimal distractions and moderately comfortable furniture Signup and view all the answers

What does proxemics focus on?

The significance of space people take up and the distance between themselves and others Signup and view all the answers

What might a person do when they are feeling uncomfortable or vulnerable in a situation?

Cross their arms and legs Signup and view all the answers

Why is privacy important during an interrogation, especially for sensitive crimes?

To prevent the suspect from feeling embarrassed Signup and view all the answers

What is the term for nonverbal cues that can reveal deception?

Leakage Signup and view all the answers

What is paralanguage?

The study of vocal characteristics such as pitch and tone Signup and view all the answers

What is the benefit of establishing a behavioral baseline during an interrogation?

It helps the officer detect nonverbal cues of deception Signup and view all the answers

What is a characteristic of deceptive answers?

They are longer and more vague Signup and view all the answers

What is the purpose of establishing a behavioral baseline in an interrogation?

To observe and evaluate nonverbal cues Signup and view all the answers

What is the purpose of seating the suspect in an open area during an interrogation?

To allow the officer to observe nonverbal cues more easily Signup and view all the answers

What is a key step in preparing for a successful interrogation?

Writing down important key questions Signup and view all the answers

What is the term for the study of the use of space and distance during an interrogation?

Proxemics Signup and view all the answers

What is the purpose of asking the subject about themselves and their family in the initial stages of an interrogation?

To observe body language and communication level Signup and view all the answers

What is the primary goal of detecting nonverbal cues during an interrogation?

To evaluate the veracity of the suspect's responses Signup and view all the answers

What is a key aspect of presenting physical evidence in an interrogation?

Using no names Signup and view all the answers

What can happen if the officer fails to establish a behavioral baseline during an interrogation?

The officer's ability to detect deception is impaired Signup and view all the answers

What is the importance of considering the context of the questioning situation when evaluating nonverbal cues?

It helps the officer to avoid misinterpreting nonverbal cues Signup and view all the answers

What is a sign that a subject may be willing to confess?

Showing indications of wanting to confess Signup and view all the answers

What is a primary goal of the initial stages of an interrogation?

To establish a rapport with the subject Signup and view all the answers

What may lead a suspect to confess during an interrogation?

A strong influence such as physical evidence Signup and view all the answers

Why is it important to have a suspect review and sign their confession statement?

To prevent the suspect from claiming they were coerced Signup and view all the answers

What is the purpose of the 'sympathy approach' in an interrogation?

To build rapport with the suspect Signup and view all the answers

What is the difference between an interrogation and an interview?

One of the participants may be withholding information in an interrogation Signup and view all the answers

What is the purpose of advising a suspect of their Miranda Rights during a tape-recorded interrogation?

To ensure the suspect is aware of their rights Signup and view all the answers

What is the advantage of using a combination approach in an interrogation?

It enables the officer to adapt to the situation Signup and view all the answers

Why is it important to verify the tape recording at the end of an interrogation?

To prevent the suspect from claiming the tape was tampered with Signup and view all the answers

What is the primary goal of an interrogation?

To seek intentionally withheld information Signup and view all the answers

What is the purpose of having another officer present during a tape-recorded interrogation?

To verify the suspect's statements Signup and view all the answers

What is the difference between a confession and an admission?

A confession is a statement acknowledging guilt, while an admission is a statement acknowledging guilt without confessing Signup and view all the answers

Study Notes

Interrogation Process

The fundamental principles of interrogation will be studied in this section.
Procedures and approaches for a successful interrogation will be discussed and practiced.

Interrogation and Confessions after "Minnick"

Since 1966, law enforcement officers have adhered to the guidelines and restrictions of the landmark Miranda decision.
Several Supreme Court decisions handed down since 1988 have substantially altered the rules of Miranda concerning officer interrogation of individuals in custody and the admissibility of confessions thereby obtained.

Miranda and Voluntariness

Prior to Miranda vs. Arizona, the test of the admissibility of confessions was voluntariness.
The Miranda Rule does not preclude the use of any confession that is voluntary.
A statement that is volunteered by any person is admissible even though the Miranda Warnings have not been given.
Failure to give the Miranda warnings in a custodial situation will normally cause the courts to treat the statement as if it was given involuntarily.
A statement may be involuntary even though the suspect has been advised of the Miranda rights if the statement is the product of coercion by the police.

Assertion of the Right to Counsel

An assertion of the right to counsel stands on a different footing than an assertion of the right to remain silent.
Two landmark Supreme Court cases have clarified Miranda's view of the consequences of an assertion to the right to counsel:
- Edwards vs. Arizona (1981): Once a suspect asserts the right to counsel, that suspect "is not subject to further interrogation by the authorities until counsel has been made available to him."
- Minnick vs. Mississippi (1990): When counsel is requested, interrogation must cease, and officials may not re-initiate interrogation without counsel present, whether or not the accused has consulted with his attorney.

Applicability of Miranda

Miranda applies only when testimonial evidence is being sought.
Non-testimonial incrimination is not covered and Miranda warnings are not applicable under these circumstances.
Examples of non-testimonial evidence include:
- Blood samples
- Handwriting exemplars
- Voice exemplars
- Having the suspect put on items of clothing
Miranda applies only to "custodial interrogations."
The Miranda warnings are required only when police are engaged in a "custodial interrogation."
An interview is "custodial" if the suspect's liberty has been restricted to a degree associated with a formal arrest.

Interrogation

An interrogation is a questioning of a person suspected of having committed an offense.
Interrogation may also include the questioning of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to an investigation.
Interrogation is directed toward obtaining:
- A confession (a direct acknowledgement of guilt on the part of the accused)
- An admission (an incriminating statement that indicates but does not acknowledge guilt)
- A statement (a declaration regarding the facts of an incident)

Interrogation Environment

Conduct your interrogation in a quiet room set up for that purpose.
Privacy is important, especially when dealing with crimes of a sensitive nature.
Don't neglect officer safety.

Non-Verbal Communication

Non-verbal cues can be used to detect deception while questioning subjects.
Non-verbal cues include:
- Elements of kinesics (body language)
- Dress
- Environment
- Proxemics (personal space)
- Paralinguistic (tone of voice, etc.)
Detecting non-verbal cues requires:
- Establishing a baseline of honesty
- Observing the subject's behavior in a position to detect all possible leakage
- Considering the context of the questioning situation
Examples of non-verbal cues include:
- Hand-to-face movements (e.g. covering the mouth, nose touching)
- Steepling (holding the fingertips in a steeple fashion)
- Self-manipulation (body contact from arms, hands, fingers, legs, or feet)
- Fidgeting
- Dress-related signals (e.g. adjusting clothing, grooming)### Nonverbal Cues in Interrogation
Environment can be a nonverbal cue, and a subject may try to alter the environment to create distance from the interrogator
Moving a chair or repositioning oneself can indicate unwillingness to cooperate
In a controlled environment, a subject may use objects (e.g., briefcase or purse) to create a barrier between themselves and the interrogator
Proxemics, the study of personal space, can provide clues during an interrogation
- A person may close up or take up less space when feeling uncomfortable or vulnerable
- Open and expansive body language can indicate honesty
Paralanguage, the nonverbal characteristics of voice, can also provide clues
- Deceptive answers may have a slower onset and be longer and vaguer than honest ones
- Pitch, tone, volume, and duration of speech can be indicative of deception

Preparation for Interrogation

The interrogator should prepare by:
- Memorizing details of the case
- Researching the subject
- Writing down important questions
The interrogator should establish a behavioral baseline and observe nonverbal cues during the interrogation

Successful Interrogation

The successful interrogator should:
- Put the subject at ease
- Introduce themselves and explain the reason for the interrogation
- Use open-ended questions to encourage conversation
- Listen carefully and make mental notes of inconsistencies
- Use physical evidence to dispute the subject's story
- Watch for indications of a desire to confess
The interrogator should avoid ending the interrogation negatively

Confessions and Statements

Suspects may confess due to:
- Strong evidence or witness testimony
- Cumulative influence of small persuasions
- Overwhelming guilt
Reasons why a suspect may not confess include:
- Fear of punishment
- Fear of repercussions on family, friends, or employment
- Fear of being labeled a snitch
- Stubbornness
Confessions or statements should be reduced to writing, and the suspect should review, sign, and date them

Interrogation Styles

Interrogation styles differ depending on the subject and crime involved
Different approaches include:
- Adversary approach
- Sympathy approach
- Combination approach
Experience and practice are key to developing a personal interrogation style

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Description

This quiz covers the fundamental principles of interrogation, procedures, and approaches for a successful interrogation, including the impact of the landmark Miranda v. Arizona case on law enforcement.