Criminal Investigation Ch. 5

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School
University of South Dakota **We aren't endorsed by this school
Course
CJUS 334
Subject
Law
Date
Oct 1, 2023
Pages
5
Uploaded by MegaDove2642 on coursehero.com
09/26 Interview and Interrogation Interview: process of obtaining information from people who have knowledge that may be helpful in a criminal investigation o E.g., witnesses, victims Want them to be comfortable, build rapport. Interrogation: a conversation between an investigator and a suspect that is designed to match acquired information to the suspect and secure a confession. o E.g., suspect, p.c. Also need to build rapport. Figure out what is normal and not normal. Typically, not overly friendly. Need to be more prepared for interrogations; spot lies, know the details of the crime, ask specific questions, have to prove that a offender knew the difference between right and wrong. Similarities Between Interviews and Interrogations (pg. 123) (TEST, need both halves of the difference) Interviews: o Purpose is to obtain information. o Minimal or no pre-interview legal requirements; no rights warning o Cooperative relationship between interviewer and subject likely. o No guilt or guilt uncertain
o Moderate planning or preparation o Private or semiprivate environment desirable Interrogations o Purpose is to test information already obtained. o Extensive pre-interrogation legal requirements: rights warning required. o Adversarial or hostile relationship between interrogator and subject likely. o Guilt suggested or likely. o Extensive planning and preparation o Absolute privacy essential Objectives of the Interrogation Process Successful interrogation accomplishes four objectives: o 1. Obtaining facts o 2. Eliminating the innocent o 3. Identifying the guilty o 4. Obtaining a confession Can be a whole confession or partial confession. Witnesses Some are honest and cooperative. Some have no desire to give information regardless of what they know. Some are reluctant to cooperate or are suspicious of the motives of the investigator until a rapport is established.
Competency Refers to the witness's personal qualifications for testifying in court. o Nothing to do with believability. Reliability has everything to do with believability. o Age o Level of intelligence o Mental state o Relationship to individuals involved in the case. o Background characteristics (child, mental capacity). Credibility The quality of a witness that renders his or her testimony worthy of belief. o Does the witness have a particular bias? o Does the witness have physical or mental impairments? (drunk, high, blind) o What physical conditions existed? o What is the witness's reputation for being truthful? o Was the witness conscious at the time of the event? Legal Requirement (TEST, will have to write it out) Miranda o The right to remain silent. o The right to be told that anything can and will be used in court.
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