Law Enforcement Test 4 Review Questions Study Guide Chapters 8 9 10 Chapter 8 1 Explain trial by ordeal A common technique to determine guilt or innocence during the middle Ages Presumed guilty until proven otherwise Example A person accused of a crime might put an arm into a vat of boiling water If he or she emerged unscathed that person was innocent 2 What do words coerced and involuntary mean Confessions that came out of custodial interrogations due to third degree tactics 3 What does the adversarial approach mean A person is presumed innocent until proven otherwise 4 What rights does the 5th amendment protect No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation 5 What rights do the 6th amendments safeguard In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have the compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense 6 What is the third degree The employment of methods which inflict suffering physical or mental upon a person in order to obtain information about a crime 7 Why did critics object to police employment of third degree tactics Condemned the third degree as being incompatible with the ideals of justice Innocent people were being convicted and truly guilty people not being caught 8 Relay the details of the Escobedo case A Homicide case Police took Escobedo into custody at 2 30 AM his lawyer obtained a release at 5 00 PM 10 days later he was held in a second custody The police refused to let the lawyer see Escobedo Escobedo repeatedly asked to see his lawyer while the police denied the repeated requests Eventually Escobedo confessed to homicide In this case the U S Supreme Court overturned Escobedo s conviction on two grounds Denial of the right to counsel 6th Amendment Privilege against self incrimination 5th Amendment 9 Explain what self incrimination means The act of exposing oneself The police will use any answers to their questions against the suspect in court 10 What does the right to counsel mean Law Enforcement Test 4 Review Questions Study Guide Chapters 8 9 10 The person could confer with a lawyer before answering any questions 11 What is the importance of the terms subject and suspect Once an individual crossed the threshold form being a subject to a suspect the inquiry shifted from an investigation to an interrogation 12 When does an investigation becomes an interrogation When its focus is on the accused and its purpose is to elicit a confession 13 Talk about the Miranda case Ernesto Miranda was arrested by the Phoenix police as a prime suspect in a kidnap and rape case After being questioned Miranda signed a full confession The trail found him guilty and gave him 20 30 years Miranda appealed to the Supreme Court His lawyer argued that the police did not allow Miranda to consult with counsel As a result he made a coerced involuntary and incriminating confession Without a lawyer Miranda did not know what his rights were at the time when the guiding hand of counsel was so critical to his interest The court reacted by overturning Miranda earlier conviction 14 What is the Miranda warning Police have to advise suspects of their rights in the form of a Miranda warning before asking any questions 15 What is the importance of the word custodial in the phrase a custodial interrogation It implicates that the questioning is happening after the individual is placed under arrest 16 What is the importance of the word interrogation in the phrase a custodial interrogation There is a line drawn between interview and interrogation When an officer stops regarding the person as a subject and began to think of the person as a suspect Miranda is required at the very moment when the interview turns into an interrogation 17 What is the functional equivalent of a custodial interrogation Any information the police learn as a result of a Miranda violation is the fruit of a poisonous tree and is suppressed in court under the exclusionary rules 18 In terms of Miranda what are administrative questions 19 Explain res gestae Excited utterance A spontaneous and unanticipated revelation to an officer s simple inquiry A confession cannot be involuntary if there is no police coercion or misconduct 20 What is the rescue doctrine A situation which balances the dilemma of needing information to save a victims life against the suspect s constitutional protections 21 What is waiver in terms of Miranda An officer must determine if the suspect understands their rights and are fully capable of surrendering their legal rights 22 What must the police do when a suspect invokes Miranda Cease all questioning immediately 23 What must the police do with a third party retained lawyer under Miranda Law Enforcement Test 4 Review Questions Study Guide Chapters 8 9 10 The police are not obligated to inform the suspect of the lawyer s presence The suspect unless directly asks for counsel then the Miranda decision has nothing to do with requiring the police to talk with an attorney retained by a third party 24 How do police learn about new court rulings Some learn about new court rulings through the prosecutor s office As for the others they may learn in a haphazard fashion such as the daily newspaper and professional news bulletins Chapter 9 1 Why is arrest a monumental power Being arrested carries a negative image that taints the arrestee for years to come 2 What do the terms full enforcement and selective enforcement mean Full enforcement means that the police confront and deal with each and every single violation that comes to their attention Selective enforcement practices mean that the police do not enforce all the laws all the time against
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