Quiz Two: Legal Aspects Law Enforcement (Summer Two – Online – CRIJ 2323-86001)

Instructions: Only information originating from this class’s lectures will be given credit

Name: Kailey Culton Date: August 4, 2020

Miranda Warnings

Define here: once a person is being taken into custody, to protect against custodial interrogation and an officer wants to proceed asking questions about the individual’s involvement of a crime, specific rights are read by law enforcement to the suspect to be aware of the risk anything they say will be used against them during prosecution.

Explain here (one sentence):

Example here (one sentence):

Miranda Warning Exemptions

Define here: To gather personal information of any person(s) involved in a situation; not to be used to prosecute a suspect, but to correctly identify the questionable party in response to a 911 call, or to book someone in custody.

Explain here (one sentence): Officers may not use Miranda Warnings under unique circumstances in an instance when an officer is undercover, an officer or public’s safety is at risk and immediate attention is needed, and when officers need to work quickly in the presence of a bomb/weapon.

Explain here (one sentence):

Example here (one sentence): After receiving a 911 call about possible domestic abuse, Officer Bob

Interviews

Define here:

Explain here (one sentence):

Example here (one sentence):

Witnesses

Define here:

Explain here (one sentence):

Example here (one sentence):

List five things that may be used to establish probable cause.

Admissions

Past criminal conduct

Physical evidence

Association with other known criminals

Presence at a crime scene or in a high crime area

Furtive conduct

#1- Miranda warnings notes:

necessary when a person is taken into custody and when an officer wants to ask that person specific questions about a crime the officer believes that person was involved in

read by law enforcement to an individual in custody in a scenario more questions to know their involvement

person has the right to not talk to not incriminate themselves

right not to talk to anyone in the justice system

words spoken will be used during prosecution; risk they face speaking to an officer

designed to provide someone to guide them to give advice: when they can’t afford one when freedom/life is at risk

resource

not in civil situations

gives a person flexibility

right to stop answering questions until a lawyer has been spoken too

Miranda should be read when a reasonable person believes they are in custody

right to stop answering questions even once a person has already begun answering some questions until a lawyer has been spoken too

Miranda should be read when a reasonable person in the individual’s position believes they are in custody

considering all circumstances

a person BELIEVES they are in custody

perception regardless of the intention of the officer

to know when you are going into custody

the language the officer uses “You, get over here now!”

direct order

implied threats: officers’ bold tone “get over here now, or you will go to jail”

physical restraints by officer

how easy it is for someone to walk away from the situation

TIME AND LOCATION must be considered!

Ex 2pm in front of Kroger is different than 2pm behind Kroger!!

Number of officers present 1 vs 10 makes a difference between a friendly conversation’s vs an unfriendly one: how much power do they have

Environment/scenario- what is present

Coerce/compelling someone to turn interview into interrogation

Can be unintentional

If officers questioning is to confer guilt

Interview vs interrogation

Environment is threatening/provides fear

#2 Miranda Warning Exemptions

Not every scenario where a person in police custody, warrants Miranda rights

Officers may question a person who Miranda rights to obtain:

Personal information

Booking information

Name, date of birth, blood type, age

Not requesting information to use to prosecute

To INENTIFY person

Officers response to 911 call

Ex: 911 is contacted for neighborly disagreement, police want to find a solution, not to arrest, just to help

Officer trying to resolve situation

Unique circumstances

Officer is undercover

Officer and public safety is at risk and officers need to act quickly

Presence of a bomb or weapon

Immediate attention

#3 Interviews

Interview – questioning people not suspected of being involved in a crime but who know something about the crime, or the individuals involved in it.

The main sources of information at the crime scene are the complainant, the victim, and witnesses.

It is important to separate the witnesses as soon as possible and then obtain a complete account of the incident from each one.

Witnesses who are not immediately detained can drift off into the crowd or decide not to become involved.

Sometimes witnesses leave the scene without realizing their importance to an investigation.

In most cases, interview complainants first because they can often provide enough information to determine whether a crime has been committed, and if so, what type of crime.

Individuals who saw what happened, how it happened, or who made it happen is interviewed next.

Witnesses may be in a state of panic, frustration, or anger.

In the presence of such emotions, it is important to remain calm and detached, yet show empathy and understanding.

If a witness is truly too upset to talk, or needs to go to the hospital, obtain a quick initial statement and demographic information so you can contact this person later.

Occasionally witnesses will need some time to calm down and gather themselves before they can provide a coherent statement.

Not all people with relevant information are at the crime scene.

The main sources of immediate information away from the crime scene are neighbors, business associates, people in the general area…

…such as motel and hotel personnel, and longtime residence.

Longer-term contacts may include informants, missing witnesses, friends, and relatives.

Appeals for public cooperation and reports from various agencies and organizations may also produce information.

Record both positive and negative information.

The fact that a witness did not see anyone enter a building may be as important as having seen someone.

#5 Witnesses

Neutral Witness –

Neutral witnesses do not take sides with either victims or offenders, and are often best able to provide an unbiased account.

Should be interviewed first due to their increased chances of forgetting information faster due to their lack of emotional involvement.

Be conscious of a potential shift in position later in the process (towards hostile or friendly)

Neutral witnesses typically respond better to targeted questions that address the who, what, where, when, why, and how.

If neutral witnesses shift to friendly or hostile, the approach should shift immediately to best accommodate

Hostile Witness –

Hostile witnesses are commonly encountered in crime situations where the victim and offender are friends or family members.

An assault involving roommates

Domestic violence between spouses

In hostile situations, witnesses may downplay the offense.

Witnesses may support the offender’s action as acting in self-defense.

Witnesses in gang crimes also are characteristically hostile, due to protecting the offender or protecting themselves from retaliation.

Establishing a rapport should be the first step, which may encourage a shift in attitude to a neutral or friendly position.

Threats should never be used to make hostile witnesses answer questions.

Be sure to use recording devices or a second witness (fellow officer) due to hostile witnesses normal reluctance to sign statements.

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