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CHAPTER F Flashcards

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0
Q
  1. What is an interrogation.
  2. What is an interrogations purpose.
  3. Who is an interrogation different from an interview
A
  1. The systematic questioning of a person suspected of involvement in a crime.
  2. It’s purpose is to obtain a confession.
  3. An interrogation is ACCUSATORY.
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1
Q
  1. What is an interview
  2. What is taken and what is reviewed
  3. What is the difference between an interview and an interrogation.
A
  1. A formal conversation conducted for the purpose of obtaining information.
  2. Notes are taken and major points are reviewed.
  3. An interview is NONACCUSATORY.
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2
Q
  1. In what type of environment should an interview take place.
  2. Where would a good place for an interview be
A
  1. At A location where the subject is mentally relaxed.

2. In the subjects own home or place of business.

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3
Q
  1. What considerations should be observed by the investigator during the interview.
A
  1. Develop a plan of action.
  2. Conduct the interview in private.
  3. Place the interviewee at ease
  4. Be a good listener.
  5. Ask the right questions.
  6. Don’t dispute the subjects answers.
  7. Maintain control of the interview
  8. Take brief notes.
  9. Adjourn the interview properly.
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4
Q
  1. What type of questions should an investigator ask
  2. Why.
  3. What type of questions should an investigator avoid asking
A
  1. Open ended questions
  2. It forces the person to relate in his own words what happened
  3. Close ended questions that require yes or no answers. , avoid asking loaded questions , avoid asking leading questions that contain the answer
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5
Q
  1. When taking brief notes what should an investigator avoid during the interview
  2. What astound the investigator never loose
A
  1. Avoid interruptions by taking too Many notes.

2. Eye contact

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6
Q
  1. What are the goals of the interrogation. 5
A
  1. Learn the Truth of a crime and how it happened
  2. Obtain an admission of guilt
  3. Obtain all facts to determine the method of operation and the circumstances of the crime
  4. To gather information that enables investigators to arrive at logical conclusions.
  5. To provide information for use by prosecutors in possible court action
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7
Q
  1. What is the interrogation designed to do
A
  1. Match information with a particular suspect to secure a confession.
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8
Q
  1. What is the most influential type of evidence in court
A

The confession

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9
Q
  1. What types of police conduct will cause a confession to be inadmissible in court. 5

10

A
  1. Confessions under coercion
  2. Duress
  3. Physical constraint.
  4. Unreasonable delay in arraignment
  5. Refusing legal council during interrogation
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10
Q
  1. What is coercion
A
  1. The use or threat of use of illegal physical methods to induce a suspect to make an admission or confession
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11
Q
  1. What is duress
A
  1. The imposition of restrictions on physical behavior , such as prolonged interrogations and depriving of water , food , or sleep.
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12
Q
  1. What are some tactics that have been used on a suspect by an investigator to coerce a confession
A
  1. Fear tactics.
  2. Direct threats
  3. Intimidation
  4. Physical abuse
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13
Q
  1. What are some methods used by investigators that are the blame of getting a false confession. 5
  2. What are these types of confessions referred to as
A
  1. Deception
  2. Fear tactics
  3. Unreasonably long interviews
  4. Sleep or food deprivation
  5. Exaggerating or minimizing the crime
  6. COERCED COMPLAINT CONFESSIONS
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14
Q
  1. What is the most brutal and unconstitutional way to obtain a confession
A
  1. Physical abuse
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15
Q
  1. What Methods by an investigator have been considered helpful and sometimes necessary to obtain info. Instead of using abuse 3
A
  1. Deception
  2. Trickery
  3. Other psychological tactics
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16
Q
  1. What other technique can lead to false confessions
  2. What is maximization
  3. Obtaining a false confession this way is Called what
A
  1. Maximization
  2. The exaggeration of available evidence. Falsely telling subjects they did it and they know the suspect is guilty
  3. Coerced internalization
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17
Q
  1. What is coerced internalization
A
  1. When a suggestible and highly confused suspect actually begins to believe he committed the crime
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18
Q
  1. What does the due process clause of the 14th amendment state
A
  1. That a person after being charged with a crime must be taken before an arraignment before the nearest available magistrate without delay
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19
Q
  1. What annendnent is the right to an attorney

20

A
  1. The 6th amendment
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20
Q
  1. In addition to police reading a Suspect his rights. What else must also be done by the suspect.
A
  1. The suspect must also agree, freely and voluntarily , to waive his rights before police can begin questioning him
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21
Q
  1. When can a suspect invoke his right to stop answering questions during an interrogation
A
  1. At any time
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22
Q
  1. Must Miranda rights be given in precise order.
  2. Must Miranda rights use precise wording.
  3. What happens after a suspect requests an attorney.
  4. What is this know as
A
  1. No.
  2. No
  3. All police questioning must stop
  4. The bright line rule
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23
Q
  1. After a suspect requests an attorney. And questioning has discontinued. When may police begin questing the suspect again. 2
A
  1. When the suspects attorney arrives and is present. Or

2. The suspect initiated contact with the officers.

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24
1. Who is exempt from giving Miranda warnings. | 2. When is the only time Miranda warnings aren't required
1. Probation officers need not read Miranda warnings to clients. 2. During the issuance of traffic citations
25
1. What is the one exception to the Miranda warnings. | 2. Example
1. The public safety exception | 2. Police chase man with a gun. Arrest him but can't find gun. Are allowed to ask what he did with the gun
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1. When do Miranda warnings apply 2. And applies only to 3. When does Miranda not apply 4. What is considered a custodial interrogation 2
1. Only when testimonial evidence is being sought 2. Custodial interrogations 3. When a person is free to leave 4. When a suspect is arrested. Or when a persons liberty is restricted to a degree associated with arrest.
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1. Example of when Miranda warnings do not need to be given
1. Police go to a suspects home and he is questioned in a relaxed atmosphere at his own residence.
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1. Example of when a Miranda warning MUST be given
1. If a suspect is approached in his own home by officers possessing an arrest warrant.
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1. What is the test as to weather or not Miranda warnings should be given during an interview. 30
1. Whether or not the interview is custodial
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1. In addition to the manner in which the investigator treats the suspect. It's also important to consider what. 2. Because of pressure from Peers and family members who might be present at the scene. Where should the interrogation take place
1. The physical surroundings where the questioning occurs. 2. The suspect should be removed from familiar surroundings and taken to a location with a more sterile and less threatening atmosphere.
31
1. What is a key psychological factor to a successful interrogation 2. Why. 3. How should the surrounding of the interrogation be 4. What should the interrogation room look like. What should it not look like
1. Privacy 2. It encourages the suspect to feel comfortable in unloading the burden of guilt. 3. The surroundings should reduce fear and encourage the suspect to discuss his role in the crime 4. The interrogation room should reflect s more business like atmosphere then a police like environment
32
1. Where should the interrogation be 2. And how should it be set up and include 3 3. What should it not include
1. It should be isolated from the rest of office activity and away from noise and the sound of police radios, sirens, and intercoms and other interruptions 2. 1. Well lit but not glaring 2. Furnishing should be minimal. 3. Include chairs, pencil and paper. 3 1. Preferably not include a desk. 2. Not include distracting decorations
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1. During an interrogation what should the investigators view of the suspect be. 2. It shouldn't be obstructed by what 2 3. What should u have a full view
1. The investigator should have a full view of the suspects body. 2. Shouldn't be blocked by tables , desks or other obstacles. 3. Because nonverbal behavior can exist.
34
1. Where does a large portion of nonverbal behavior Emanate from on a suspect. 2. Not just from what 3. What will Deceivers usually do
1. The lower body. 2. Not just from the hands and face. 3. Place bulk items in front if the. To block view.
35
1. How many investigators should handle an interrogation. | 2. What does each do
1. 2 investigators. 2. One to handle interrogation. And one to act as a witness to statements made by the suspect
36
1. What are the 5 most common interrogation styles
1. Logical style 2. Sympathetic style 3. Indifferent style 4. Face saving style 5. Egotistical style.
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1. What factors determine the style used for an interrogation 3
1. Personality of the suspect 2. Personality of the interrogator 3. Nature of the case
38
1. What is the logical style technique
1. In a case when the evidence is overwhelming. An investigator will appeal to a persons logic. That an admission may lesson the degree of sentence
39
1. What is the sympathetic style 40
1. If the investigator thinks that the person is easily affected by emotional appeal. Use a low Tone and include expressions of concern and understanding of the suspect. make the person feel self pity and admit guilt as a relief
40
1. What is the indifferent style
1. The investigator acts as if he doesn't care if the suspect cooperates or not. The investigator acts as if he would rather see the suspect punished by the court
41
1. What is the face saving technique
1. The investigator attempts to give the suspect a way out that will justify his participation in his the crime. Rationalizes the suspects actions, describes the as natural
42
1. What is the egotistical style.
1. Plays on a suspects sense of pride and precision in the commission of the crime. Points out how difficult the crime was to accomplish and took planning and intelligence
43
1. What does research show on EYE BEHAVIOR as an indicator of someone lying
1. Scientific data has shown that there is NO CORRELATION between eye behavior and lying. And eye behavior cannot gauge truthfulness
44
1. What is not leakage
1. When clues to deception that will appear when a person is motivated to lie due to facing consequences
45
1. What are the 4 nonverbal channels to gauge when a person is lying 2. What is a 5th possible indicator
1. Facial expressions. 2. Gestures and body language. 3. Voice. 4. Verbal style 2. Actual words spoken ( verbal statements )
46
1. What is the greatest indicator of lying and the biggest window into the soul because it cannot be controlled
1. Facial expressions of emotion
47
1. What have studies shown about lying indicators.
1. There is no one indicator that a person is lying
48
1. What is important to do when interrogating a suspect to detect lying
1. Observe, catalog , and differentiate human behavior
49
1. What changes most of the time when a person lies 2. What will also increase when a person is lying 2 3. What else will a person do when lying on a question 4. What will a liar always attempt to do to an investigator 50
1. Vocal changes occur 2. Speech rate and voice pitch will increase 3. The suspect will stall before giving an answer. To give time to decide if he should lie or tell the truth 4. To con him
50
1. What answers to questions might a suspect who is lying give to an investigator. 3
1. I can't remember. 2. Can u repeat the question. 3. I don't understand the question
51
1. When suspects lie. What do the often use. 2. Example 3. When a suspect lies what else will they try to do 4. Example
1. They will use specifics. 2. I don't even own a gun 3. Make an issue out of trivial things. 4. Complain about how the government treats him
52
1. Other lying techniques include
1. Suspect tries to confuse the interviewer about trivial points. 2. Suspect begins debating with investigator. 3. Loophole lying. - I don't remember 4. The you don't understand
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1. Reasons why an innocent person would confess. | 10
1. Duress 2. Coercion 3. Intoxication 4. Diminished capacity 5. Mental impairment 6. Ignorance of the law 7. Fear of violence 8. Actual harm 9. The threat of a harsh sentence 10. Misunderstanding the situation.
54
1. What does research show about most guilty people who confess 2. Before a suspect confesses. What do they need to be convinced of by the investigator. 3. When do suspects also confess. 4. When Else do suspects confess 5. What does the confessing want to know before they confess
1. That they were looking for the proper opening during the interrogation to communicate their guilt. 2. That the investigator is willing to listen to to all the circumstances surrounding the crime 3. When they believe cooperation is their best course of action 4. When the investigator is able to speculate correctly on why crimes were committed 5. That the interrogator will believe what they have to say and will understand their motivation to commit the crime
55
The difference between admission and confession. 1. What is admission.
1. A self incriminating statement made by the suspect that falls short of an acknowledgement of guilt. They acknowledge certain facts from which guilt can be inferred
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1. What is a confession.
1. Direct acknowledgement by a suspect of his own guilt in the comission of a crime.
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1. What police practice during an interrogation can help safeguard against false confessions 2. What must be fine for this tactic to be effective.
1. The recording of the interrogation process. | 2. The entire custodial interrogation must be recorded.
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1. What is an effective police interview technique.
1. The cognitive interview.
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1. What is the cognitive interview technique 2. What is the goal of a cognitive interview 3. What is the objective. 60
1. A method of interviewing in which eyewitnesses and victims report what they remember from a crime scene. Information is gained from witnesses and victims. Not by obtaining confessions from a suspect 2. To ask as few questions as possible so that the witness gives you a long narrative response that contains much more info then a traditional interview question would 3. To elicit information. Not extract it
60
1. What are the two types of cognitive interview techniques
1. The think aloud interview technique | 2. And the verbal probing technique
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1. What is the think aloud technique | 2. What is a disadvantage of this technique
1. Technique where subjects are encouraged to think aloud when answering a question. Investigator just says tell me what ur thinking 2. It's easy for the subject to loose focus
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1. What is the verbal probing technique | 2. What is one advantage
1. Technique where after the interviewer asks a question and gets a response. He asks more questions about that specific answer given to probe out more information. 2. The investigator can control the interview
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1. Since the subject will provide much more info then what is needed what just the investigator do 2. What info does the investigator need in the statement
1. The investigator will have to decide what information he needs for preparation of the statement 2. 1. The elements of the charge or information related to the investigation and 2. Any details of extenuating circumstances or explanations offered by the suspect that might be grounds for additional inquiry.
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1. How should the statement be written by the detective. 2
1. In the same phrases that were used by the suspect | 2. And only pertain to one crime
65
1. The interrogator and suspect sign the statement. And how many witnesses also sign the statement.
1. Only 2
66
1. What does the polygraph measure 2. What does the polygraph not detect 3. What does a polygraph test rely on 4. When is a polygraph always accepted as evidence
1. Whether or not a person is being deceptive 2. It doesn't detect lies 3. The polygraph examiners ability to to interpret the results accurately 4. When all parties stipulate To it before the test is administered
67
1. PHYSICAL CHARACTERISTICS OF OF THE HEAD. 1. HEAD TILTED 2. HEAD JUTING FORWARD 3. CHIN ON CHEST.
1. HEAD TILTED-INTERESTED , PROBABLY TRUTHFUL. 2. HEAD JUTING FORWARD: AGGRESSIVE, ANGRY 3. CHIN ON CHEST: DEPRESSED , BORED, PROBABLY LYING.
68
1. PHYSICAL CHARACTERISTICS OF THE EYES. 1. EYES BREAK CONTACT 2. EYES LOOK AT CEILING 3. PUPILS FULLY DIALATED 4. CLOSES EYES 5. NARROWED EYES 6. RAPID BLINKING.
1. BREAKS EYE CONTACT: PROBABLY LYING 2. LOOKS A CEILING: JUST DECIDED TO CONFESS 3. PUPILS FULLY DIALATED: PROBABLY LYING 4. CLOSES EYES: PROBABLY LYING 5. NARROWED EYES: LOOKING FOR TROUBLE 6. RAPID BLINKING: PROBABLY LYING.
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1. CHARACTERISTICS OF THE LEGS: 70
1. MEN WITH CROSSED LEGS ARE PROBABLY LYING.
70
1. CHARACTERISTICS OF THE EYEBROWS 1. BOTH BROWS RAISED WITH MOUTH OPEN 2. ONE EYEBROW RAISED 3. EYEBROWS SQUEEZED TOGETHER AND LOWERED.
1. BOTH EYEBROWS RAISED WITH MOUTH OPEN: TRUTHFUL 2. ONE EYEBROW RAISED: TRUTHFUL 3. EYEBROWS SQUEEZED TOGETHER: WORRIED CONFUSED
71
1. CHARACTERISTICS OF THE HANDS: 1. HANDS COVERING BOTH EYES 2. HANDS OVER THE MOUTH 3. HANDS ON CHIN. 4. HANDS TOUCHES OR RUBS NOSE WHILE TALKING 5. HANDS CLASPED TOGETHER, HOLDING BACK OF HEAD.
1. HANDS COVERING BOTH EYES: PROBABLY LYING 2. HANDS OVER MOUTH: PROBABLY LYING 3. HAND ON CHIN: TRUTHFUL 4. HANDS TOUCHES OR RUBS NOSE WHILE TALKING: LYING 5. HANDS CLASPED TOGETHER, HOLDING BACK OF HEAD: TRUTHFUL
72
1. CHARACTERISTICS OF THE FEET 1. MOVES FEET BENEATH CHAIR 2. ON FOOT TUCKED BENEATH THE OTHER.
1. MOVES FEET BENEATH THE CHAIR: LYING | 2. ONE FOOT TUCKED BENEATH THE OTHER: TRUTHFUL
73
1. WHERE WILL AN INVESTIGATOR HAVE THE MOST PREDUCTIVE INTERVIEW. WHAT 2 PLACES ARE BEST.
1. IF IT IS CONDUCTED AT A LOCATION WHERE THE SUSPECT IS MENTALLY RELAXED, SUCH AS HIS HOME OR PLACE OF BUSINESS.
74
1. THE KEY CONSIDERATIONS WHEN CONDUCTING THE INTERVIEW PROCESS.9
1. DEVELOP A PLAN OF ATTACK 2. CONDUCT THE INTERVIEW IN PRIVATE 3. PLACE THE SUBJECT AT EASE 4. BE A GOOD LISTENER 5. ASK THE RIGHT QUESTIONS 6. DONT DISPUTE THE SUBJECTS ANSWERES 7. MAINTAIN CONTROL OF THE INTERVIEW 8. TAKE BRIEF NOTES-AVOID INTERRUPTIONS 9. ADJOURN THE INTERVIEW PROPERLY
75
1. WHAT IS THE INTERROGATION DESIGNED TO DO.
1. MATCH NEW INFORMATION WITH A PARTICULAR SUSPECT TO SECURE A CONFESSION.
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1. WHAT ARE THE 5 MAIN GOALS OF THE INTERROGATION.
1. LEARN THE TRUTH OF THE CRIME AND HOW IT HAPPENED. 2. OBTAIN AN ADMISSION OF GUILT FROM THE SUSPECT 3. OBTAIN ALL THE FACTS TO DETERMINE THE METHOD OF OPERATION AND CIRCUMSTANCES OF THE CRIME. 4. GATHER INFO THAT ENABLES INVESTIGATORS TO ARRIVE AT LOGICAL CONCLUSIONS 5. PROVIDE INFO FOR THE USE BY PROSECUTORS IN COURT.
77
1. WHAT IS THE MOST INFLUENCIAL PIECE OF EVIDENCE IN COURT.
1. THE CONFESSION.
78
1. WHEN CAN YOU TELL INDIVIDUALS ARE USUALLY TELLING THE TRUTH.
1. THEY OFTEN MAKE EVERY EFFORT TO ENSURE THAT OTHER PEOPLE UNDERSTAND THEM.
79
1. WHAT SHOULD AN INTERROGATOR SEEK FROM A SUSPECT. 80
1. AN ADMISSION OR A CONFESSION
80
1. WHAT METHODS ARE USED BY INEXPERIENCED OR UNSCRUPULOUS POLICE INTERROGATORS 5
1. DECEPTION, 2. FEAR TACTICS 3. UNREASONABLY LONG INTERVIEWS 4. SLEEP OR FOOD DEPRIVATION 5. EXAGGERATING OR MINIMIZING THE CRIME.
81
1. THE METHODS ARE BLAMED FOR A LARGE NUMBER OF FALSE CONFESSIONS.4.
1. FEAR TACTICS -THREATS, INTIMIDATION, VIOLANCE. 2. MAXIMIZATION 3. MINIMIZATION 4. MAKING SUSPECT SIT THROUGH LONG DRAWN OUT INTERROGATIONS, DEPRIVING THEM OF FOOD OR SLEEP.
82
1. WHAT TACTIC WILL CAUSE A HIGHLY SUGGESTIBLE OR CONFUSED SUSPECT TO CONFESS.
1. MAXIMIZATION.
83
1. IF A SUSPECT IS WILLING TO GIVE A VERBAL STATEMENT ABOUT THEIR INVOLVEMENT, BUT NO WRITE IT DOWN AT THE TIME, WHAT SHOULD THE INVESTIGATOR DO.
1. WAIT UNTIL THE SUSPECT IS FINISHED GIVING HIS ACCOUNT AND THEN ASK IF THE SUSPECT WOULD BE WILLING TO SIGN OR WRITE A STATEMENT.
84
1, WHAT DOES THE INVESTIGATOR DO IF THE SUSPECT AGREES TO SIGN THE STATEMENT.
1. THE SUSPECT MAY RESPOND ORALLY AND THE INVESTIGATOR WRITES DOWN THE ANSWERS. OR 2. MAY GIVE AN ORAL STATEMENT WITHOUT DIRECTION FROM THE INVESTIGATOR.
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