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11 Cards in this Set

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Interview

Defined as a purposeful conversation between a police officer and another person.

Characteristics of an interview

Dialogue, non-accusatory, fact finding, the subject is free to leave.

Who can be a subject of an interview?

Complainant, witness, suspect, victim

are Miranda rights required for an interview?

No

Interrogation

Declaration to the suspect that they are the suspect or the person responsible for the crime.


Confession is not a goal of interrogation. It is a by product of interrogation

Characteristics of an interrogation

Monologue, accusatory, fact finding while guilt is certain, Miranda rights may or may not be required, subject may or may not be free to leave.

Admission

Statement made by suspect that


1. Has a tendency to connect them go the crime.


2. Has tendency to express guilt.


3. None of the statements made acknowledge responsibility.

Example of admissions

" I was there that night"

Define confession

Any corroborated statements made in which a suspect admits direct or indirect involvement to a crime.



Any corroborated statements made in which they admit to actually committing an offense


Custody

Occurs as soon as the suspect believes that he is no longer free to leave. It does not necessarily entail being officially under arrest or being handcuffed.

Waiver of Miranda rights

Suspect must make waiver of his rights intelligently, knowingly or voluntary with consideration given to the totality of the circumstances, age, mental capacity, and educational level of suspect