78 Questions
What is the primary goal of the interrogation process?
To obtain a confession from the suspect
What landmark Supreme Court decision has influenced law enforcement interrogation techniques since 1966?
Miranda v. Arizona
According to the Supreme Court, what type of coercion can occur during in-custody interrogation?
Both physical and mental coercion
What is the primary psychological factor contributing to a successful interrogation, according to police training manuals?
Privacy, or being alone with the suspect
What is the significance of the 1988 Supreme Court decisions in relation to the Miranda ruling?
They substantially altered the rules of Miranda
What is the name of the Supreme Court case that highlighted the importance of privacy in interrogation?
Chambers v. Florida
What is the purpose of displaying an air of confidence in the suspect's guilt during an interrogation?
To highlight the suspect's isolation
What is the significance of the 'gap in knowledge' in the interrogation room?
It reflects the lack of transparency in the interrogation process
What technique is recommended when the initial methods of interrogation prove unavailing?
Show of hostility
What was a major concern for the U.S. Supreme Court in the Miranda vs. Arizona case?
The rights of the defendant while in custody
In what case did the defendant make an oral admission to the police, followed by a signed inculpatory statement?
Vignera vs. New York
What is the traditional test for the admissibility of confessions?
Voluntariness
What happens if the Miranda warnings are not given in a custodial situation?
The statement is presumed involuntary
What is the consequence of asserting the right to counsel?
The suspect is not subject to further interrogation
What is the significance of the Edwards vs. Arizona case?
It clarified the consequences of asserting the right to counsel
What is the primary focus of the Miranda Rule?
Ensuring the voluntariness of confessions
What is the outcome if a suspect asserts the right to remain silent?
Questioning can resume after a reasonable time
What is the main concern regarding the interrogation atmosphere?
The evils it can bring to the defendant
What was clarified by the Supreme Court in Minnick regarding Edwards?
That interrogation must cease when counsel is requested and officials may not re-initiate without counsel present
What is the effect of asserting the right to counsel according to Edwards and Minnick?
The police must terminate the questioning and may not re-initiate without counsel present
What is required for an interview to be considered custodial?
The suspect's liberty must be restricted to a degree associated with a formal arrest
When is Miranda not applicable?
When non-testimonial evidence is being sought
What is the difference between a statement, admission, and confession?
A statement is a neutral declaration, admission is an acknowledgment of involvement, and confession is a full acknowledgment of guilt
When can the police resume questioning after a suspect has asserted their right to counsel?
When the suspect initiates new contact
What is the purpose of an interrogation?
To gather evidence
What is an example of non-testimonial evidence?
A blood sample
When is a suspect's liberty considered restricted for Miranda purposes?
When their movement is restricted to a degree associated with a formal arrest
What is the significance of the Minnick decision?
It clarified the Edwards decision regarding counsel
Which of the following scenarios is most likely to require a Miranda warning?
A suspect is detained briefly on the street for investigation
What is the primary purpose of conducting an interrogation as soon as possible after an offense?
To prevent the suspect from influencing witnesses
What is an 'interrogation' for purposes of Miranda?
Both express questioning and its functional equivalent
What is the goal of an interrogation, according to the text?
To obtain a confession or an incriminating statement
What should an interrogation room be, according to the text?
Quiet and free of distractions
What is the definition of a suspect, according to the text?
A person whose guilt is considered a practical possibility
What is an 'admission', according to the text?
An incriminating statement that indicates but does not acknowledge guilt
When is a Miranda warning not required, according to the text?
When a suspect voluntarily comes to a police station
What is the functional equivalent of express questioning, according to the text?
Making comments in the presence of the suspect to elicit a confession
Why is it desirable to give Miranda warnings during a non-custodial interview, according to the text?
In case the suspect makes damaging admissions that will result in their arrest
What is the primary reason people will not confess during an interrogation?
They are embarrassed
What is the purpose of ensuring officer safety during an interrogation?
To prevent the officer from being physically harmed
What is the term used to describe nonverbal cues that can betray a person's deception?
Leakage
Why is it important to establish a behavioral baseline during an interrogation?
To detect nonverbal cues of deception
What is the result of not being able to detect nonverbal leakage during an interrogation?
Time is wasted on false leads
Why is it important to seat a suspect in an open area during an interrogation?
To observe nonverbal cues more effectively
What can be an indicator of deception during an interrogation?
Shaky hands
Why is it important to consider the context of the interrogation when evaluating nonverbal cues?
To accurately interpret nonverbal cues
What is the result of not establishing a behavioral baseline during an interrogation?
It becomes difficult to detect nonverbal cues of deception
What is an example of a nonverbal cue that can be difficult to control during deception?
Hand movements
During an interrogation, what does crossing arms and legs suggest about the subject?
Awareness of vulnerability and fear of discovery
What is the significance of pitch in paralanguage during an interrogation?
It indicates deception and dishonesty
What is the purpose of introducing oneself at the beginning of an interrogation?
To put the subject at ease and establish rapport
What should an interrogator do if the subject has an alibi for the time before the crime?
Let the subject talk freely without interrupting
What is the purpose of presenting physical evidence during an interrogation?
To catch the subject in a lie
What should an interrogator do if the subject wants to confess?
Listen carefully and make mental notes
What is the significance of researching the subject before an interrogation?
It provides valuable information about the subject's background
What is the purpose of introducing Miranda Warnings during an interrogation?
To inform the subject of their rights
What is the significance of duration in paralanguage during an interrogation?
It can indicate hesitation or uncertainty
What is the purpose of watching for admissions of other lesser crimes during an interrogation?
To potentially use as leverage in a deal
What is the significance of hand-to-face movements, such as steepling, in nonverbal communication?
It suggests confidence and smugness
What is the significance of nose touching in nonverbal communication?
It suggests deception and uncertainty
What is the significance of self-manipulation, such as body contact, in nonverbal communication?
It suggests deception and uncertainty
What is the significance of dress in nonverbal communication during an interrogation?
It is a sign of deception and vulnerability
What is the significance of a subject moving their chair away from the interrogator during an interrogation?
It suggests deception and unwillingness to cooperate
What is the significance of proxemics in nonverbal communication during an interrogation?
It is a sign of discomfort and feeling crowded
What is the significance of fidgeting during an interrogation?
It suggests deception and unwillingness to cooperate
What is the significance of a subject suddenly adjusting their clothing during an interrogation?
It suggests deception and vulnerability
What is the significance of a subject's attention to minor details, such as lint or spots on clothing, during an interrogation?
It suggests deception and guilt
What is the significance of a subject's posture, such as closing up or taking up less space, during an interrogation?
It suggests deception and discomfort
What is the primary reason why suspects may confess due to a strong influence?
Physical evidence
What is the purpose of having the suspect review, sign, and date a statement during an interrogation?
To reduce the statement to a written form
What is the recommended approach when a suspect cannot write or has problems during an interrogation?
Suggest tape recording the statement
What is the purpose of identifying oneself, date, and time of the interrogation at the beginning of a tape recording?
To establish the context of the interrogation
What is the characteristic of an adversary approach during an interrogation?
Direct accusation
What is the purpose of the combination approach during an interrogation?
To create a perception of good and bad cop
What is the difference between an interrogation and an interview?
An interrogation involves withholding information, while an interview is casual
What is the purpose of an admission during an interrogation?
To acknowledge guilt without confessing
What is the primary concern when creating an interrogation environment?
Location should be free of influence
What is the key to developing good interrogation styles?
All of the above
Study Notes
Interrogation and Confessions
- Prior to Miranda vs. Arizona (1966), the US Supreme Court had a "dim view" of in-custody interrogation, citing concerns about coerced confessions.
- The Miranda decision established guidelines for law enforcement regarding interrogations and confessions.
Miranda and Voluntariness
- The Miranda Rule was formulated to ensure voluntariness of confessions.
- Key points about voluntariness:
- A volunteered statement is admissible even if Miranda warnings were not given.
- Failure to give Miranda warnings in a custodial situation may result in an involuntary statement.
- A statement can be involuntary even if the suspect was advised of their Miranda rights if the police coerced the statement.
Assertion of the Right to Counsel
- Two landmark cases clarified the consequences of asserting the right to counsel:
- Edwards vs. Arizona (1981): Once a suspect asserts the right to counsel, they cannot be further interrogated until counsel is present.
- Minnick vs. Mississippi (1990): Interrogation must cease when a suspect requests counsel, and cannot be resumed without counsel present.
Applicability of Miranda
- Miranda applies only to:
- Testimonial evidence (e.g., statements, confessions)
- Custodial interrogations (where the suspect's liberty is restricted)
- Non-testimonial evidence (e.g., blood samples, handwriting exemplars) is not covered by Miranda.
Interrogation Environment
- The ideal interrogation environment:
- A quiet, private room with minimal distractions
- Furniture should be comfortable but not too comfortable
- Ensure officer safety
Non-Verbal Communication
- Non-verbal cues can be used to detect deception:
- Kinesics (body language)
- Dress
- Environment
- Proxemics (personal space)
- Paralinguistic (tone, pitch, etc.)
- Establishing a behavioral baseline is crucial to accurately detecting deception.
Gestures
- Hand-to-face movements:
- Covering the mouth
- Steepling (confidence)
- Nose-touching (deception)
- Other gestures:
- Stroking the chin
- Pressing the lips
- Rubbing the cheek
- Scratching the eyebrows
- Pulling the ears
- Grooming the hair
Objectives
- Identify the purpose of an interrogation
- Identify the difference between an interview and an interrogation
- Identify the procedures to follow when an interview becomes an interrogation
- Identify the difference between statements, admissions, and confessions
- Identify the role of body language in an interrogation
- Identify the steps to prepare for an interrogation
- Identify different approaches to interrogation### Nonverbal Cues
- A person may exhibit nonverbal behaviors to purge themselves of guilt brought on by deception, such as:
- Tugging at the hem of their dress
- Fidgeting with their clothing or hair
- Displaying excessive interest in minor imperfections (e.g., spots on clothing, dandruff, or lint)
- Environmental cues can also indicate deception, such as:
- Moving a chair to create distance between themselves and the interrogator
- Positioning objects (e.g., briefcase, purse, or sofa pillow) between themselves and the interrogator
- Proxemic cues can also suggest deception, such as:
- Crossing arms and legs to indicate awareness of vulnerability and fear of discovery
- Leaning forward during an answer and gesturing with open arms, which may indicate honesty
Paralanguage
- Pitch, tone, volume, and duration of a person's voice can reveal deception:
- Deceptive answers tend to have a slower onset than honest ones
- Deceptive answers may be longer and vaguer than honest ones
- Pitch tends to rise during deception, and observers can accurately read this as a sign of deception
Interrogation Techniques
- Successful interrogation involves:
- Proper preparation before the interrogation
- Establishing a behavioral baseline
- Observing and evaluating nonverbal cues
- The ten steps to a successful interrogation include:
- Introduce yourself and the purpose of the interrogation
- Put the subject at ease and observe their behavior
- Introduce Miranda warnings
- Start questioning about the time before the crime
- Tell the suspect how they are implicated
- Go back to the beginning and pinpoint details
- Watch for indications that the suspect wants to confess
- Try one last time before giving up
- Never end negatively
- Confessions and statements can be obtained through:
- Physical evidence or witnesses
- Cumulative influence of small persuasions
- Overwhelming guilt
- Reasons why a suspect may not confess include:
- Fear of punishment or consequences
- Fear of the effect on family, friends, or employment
- Concern for co-conspirators
- Fear of being labeled a snitch
- Apprehension about future employment or reputation
- Stubbornness
- Compulsion not to surrender stolen money or property
Interrogation Styles
- Different officers develop personal styles that work for them and make them comfortable
- Interrogation styles can include:
- Adversary approaches (e.g., direct accusation, fishing approach, accomplice approach)
- Sympathy approaches (e.g., "I understand," "I would have done the same thing")
- Combination approaches (e.g., good guy/bad guy approach)
- Observing interrogations, practicing, and learning from mistakes can help develop effective interrogation styles.
Learn the fundamental principles of interrogation, procedures, and approaches for a successful interrogation, including guidelines and restrictions.
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