Chapter 8 Study Guide Key Terms Adversarial Approach A person is presumed innocent until proven otherwise Coerced Confession Judges began to characterize the confessions that came out of custodial interrogations Custodial Interrogation Post arrest questioning Dragnet Involved the police swooping into an area scouring it for anybody who possibly matched the suspect description taking these persons into custody and transporting them to anther location for questioning Exciting Utterance a spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition or immediately thereafter Fifth Amendment 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 in 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 Functional Equivalent of Custodial Interrogation Came from a homicide case Brewer v Williams 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 rule Interrogation Any acts or statements by the police that is likely to elicit an incrimination response Interview When an officer makes inquires to a witness Involuntary Confession Suspect admitting to all the grisly details of crime Miranda Warning Res Gestae excited utterance Rescue Doctrine type of situation that balances the dilemma of needing information to save a victim s life against the suspect s constitutional protections Right to Counsel Confer with a lawyer before answering any questions Self Incrimination Police had to explain that they would use any answers to their questions against the suspect in court Subject Versus Suspect When the process switches from investigatory to accusatory Third Degree The employment of methods which inflict suffering physical or mental upon a person in order to obtain information about a crime Trial by Ordeal One common technique to determine guilt or innocence during the Middle Ages Waiver Questions asked after the warning and in order to secure a waiver Do you understand each of these rights I have explained to you Having these rights in mind do you wish to talk to us now Wickersham Commission Conducted a detailed probe into police interrogation practices Review Questions Definitions are not repeated 1 What right does the Sixth Amendment safeguard In all criminal prosecutions the accused should 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 witnessed against him to have the compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense 2 Why did critics object to police employment of third degree tactics The police picked up a possible suspect and subjected him to extended interrogation sessions over a seven day period 3 Relay the details of the Escobedo case Escobedo brought into custody later released when his lawyer produced a court order Ten days later Escobedo was arrested for questioning and his lawyer came to see him however the police would not allow them to see each other Eventually Escobedo confessed to the murder change without speaking to his lawyer In this case there was violation of the 6th amendment because the police denied Escobedo s client legal representation the police did not alert Escobedo to his right to remain silent police also did not tell Escobedo he was not under any obligation to give any incriminating testimony Police compromised Escobedo s constitutional rights leading to his confession involuntarily 4 When does an investigation become an interrogation When its focus is on the accused and its purpose is to elicit a confession once an individual crossed the threshold from being a subject to being a suspect 5 Talk about the Miranda case Miranda was the prime suspect in a kidnap and rape case After questioning Miranda signed a full confession trial court found him guilty and gave him a 20 30 year sentence Founded Miranda made a coerced involuntary and incriminating confession 6 What is a Miranda warning You have the right to remain silent Anything you say can and will be used against you in a court of law You have the right to talk to a lawyer and have him present with you while you are being questioned if you wish You can decide at any time to exercise these rights and not answer any questions or make any statements 7 What is the importance of the word custodial in the phrase a custodial interrogation Whether the person is free to leave of his or own volition 8 What is the importance of the word interrogation in the phrase a custodial interrogation Any acts or statements by the police that are likely to elicit incriminating response according to the Supreme Court In terms of Miranda what are administrative questions Suspect signs a waiver form review the previous testimony and then secure a second confession 9 10 What must the police do when a suspect invokes Miranda Ex if the suspect initiates a conversation after invoking his or her rights the police may resume interrogation however the officer must re issue the warning and clarify the suspect s intentions 11 What must the police do with a third party retained lawyer under Miranda Police must honor the suspect s invocation of rights they do not have the obligation of acceding to the wishes of outside parties The police may not question the suspect without counsel being present 12 How do the police learn about new court rulings They learn just as the general public usually through newspapers or daily news Chapter 9 Key Terms Chivalry Hypothesis Explanation for the recent appearance of females in official crime statistics Coercive Regulation Officer uses or threaten to use physical force or arrest Definitional Regulation Expeditious use of questioning Field Observation Spectators watch and record what happens during a
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