Ass test chapter 8

What plays an ambivalent role in society and law, an ambivalence that's ancient?
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By the time a person has been brought to a police station they are what?suspected of a crimeAt the accusatory stage of the criminal process, balancing the needs of ------- against the interest of -------- carries higher stakes for both suspects and law enforcement; individual privacy and libertyFred Inbau cited three reason why he supported interrogations which are?1. Many crimes would go unsolved without information gained through interrogations. 2. Unless caught in the act or interrogated in private, criminals don't confess. 3. Police have to use "less refined methods" (then normal daily police-citizen interaction) when they interrogate suspects.The U.S. Supreme Court has relied on three provisions in the U.S. Constitution to develop rules to control police interrogation and confessions which are?the Fourth Amendment, Sixth Amendment, and Fifth Amendment.The Fourth Amendment deals with what clause?due processThe Sixth Amendment deals with what clause?right-to-counselThe Fifth Amendment deals with what clause?self-incriminationThe constitutional provisions of -----,------, and ------ each led to a different approach to police interrogation and suspects' confession.due process, right-to-counsel, and self-incriminationMost early false-confession cases under the due process approach dealt with who?white mobs who had rounded up poor, illiterate blacks and tortured them until they confessed. (anyone who does not know the law)The basic idea behind the due process approach to confessions is that what?confessions must be voluntaryWhat are the three rationales that support the due process approach?1. The reliability rationale 2. The accusatory system rationale 3. The free will rationaleWhat rationale is admitting unreliable evidence to prove guilt denies defendants the right to their lives, liberty, and/or property without due process of law?The reliability rationaleWhat rationale is forced confessions violate due process even if they are true; under our system, the government alone has the burden of proving guilt.The accusatory system rationaleWhat rationale is because involuntary confessions are unreliable and contrary to the accusatory system of justice, all confessions are coerced if they are not "the product of a rational intellect and a free will"The free will rationaleBy 1958, four out of nine justices were calling ------- a critical stage in criminal prosecutions.custodial interrogationIf you do not have a right to a lawyer until the time of trial and they confess before trial, then trial is what?" no more than an appeal from the interrogation"To claim successfully that their Fifth Amendment right against self-incrimination was violated, defendants have to prove what three elements.compulsion, incrimination, testimonyWhat is "No person shall be compelled"?CompulsionWhat is "in any criminal case"?IncriminationWhat is " to be a witness against himself"?TestimonyThe government can not force defendants to -----------, the meaning of "witness against himself".give testimony against themselvesWhat is the content of what you say and write?TestimonyThe Fifth Amendment protects testimony, -------.not physical evidence ( for example hair samples, DNA evidence, or a defendant's voice)Whether testimony was "compelled" is measured by the what?totality of circumstances surrounding the statementsAccording to due process, confessions must be what?voluntary and knowingSCOTUS established a "bright line" rule to govern custodial interrogation, maintaining that they are coercive because what?1. Suspects are held in strange surroundings where they are not free to leave 2. Skilled police officers use unrefined methods to "crack" the will of the suspectsWhat rule prevents police coercion while allowing police pressure?Miranda bright-lineDuring custodial interrogations, police must give suspects what four famous warnings?1. You have the right to remain silent. 2. Anything you say can and will be used against you in court 3. You have a right to a lawyer 4. If you can't afford a lawyer, one will be appointed for you.What are the five additional "bright-line" rules for interrogating officers?1. Interrogation has to stop immediately if suspects indicates at any time if they don't want to talk further 2. or if a suspect indicates in any manner they want a lawyer. 3. Any statement without a lawyer places "heavy" burden on the government to prove defendants waived their right to remain silent and their right to a lawyer. 4. Statements obtained in violation of the rules can not be admitted into evidence. 5. Suspects can not be punished for asserting their right to remain silent.What does not command officers to warn suspects whenever they arrest them?Miranda v. ArizonaWhen are officers required to read the suspects rights?if they take suspects into custody and interrogate them.When are police able to question people without "Mirandizing them?Questioning people at crime scenes, before they are a suspect, and during 4th Amendment "stops".In Miranda, the U.S. Supreme Court defined custody as what?being held by the police in a police station or depriving an individual of "freedom of action in any significant way".The Court was sending the message that Miranda targets ------ , not just ------.coercive atmospheres; coercive places.Custody is determined by a ------- evaluation of the totality of totality of circumstances determine case-by-case "custody"?1. Whether officers had probable cause to arrest, intended to detain suspects, suspects believed their freedom was significantly restricted, the investigation had focused on the suspect. 2. The language officers use to summon suspect 3. The physical surroundings 4. The amount of evidence of guilt officers presented to suspects 5. How long suspects were detained 6. the amounts and kinds of pressure officers used to detain suspects.What detentions do not qualify as being in custody?Detaining drivers and passengers during traffic stops, requiring probationers to attend routine meetings with their probation officers, and detaining persons during the execution of search warrants.If a suspect ----------- , and officer may ask questions before they Mirandize the suspect.may endanger an officer or somebody nearbyThe constitutional significance of the words interrogation and confession arise out of what?The Fifth Amendment, Sixth Amendment, and the Fourteenth Amendment.The Fifth Amendment guarantees what?against the compelling individual to be witnesses against themselves.The Sixth Amendment deals with what right?the right to counsel.The Fifth and Fourteenth Amendments guarantees against what?the denial of life, liberty, and property without due process of law.The Fifth Amendment --------------- test provided less protection to suspects."Functional Equivalent of a Question"What comes into play whenever a person in custody is subject to either express questioning or its functional equivalent.Miranda safeguardsThe Sixth Amendment ---------- test provides broader protection for interrogated suspects and more restrictions on interrogating officers."Deliberately Eliciting a Response"As soon as the government starts -------, the Sixth Amendment right to counsel kicks in.formal proceedingsMany suspects waive their rights and talk to interrogator with lawyerBecause so many suspects waive their right and talk to interrogators with no lawyer in sight, two questions are of great constitutional concern which are?1. What is a valid wavier of the right against self-incrimination? 2. What is a voluntary confession?Even when a waiver is made, is must be ----------.closely guardedThe court has made it clear that, even after a waiver, -----------.silence can be easily waived.There are two waiver tests what are they?express waiver and implied wavierThe Supreme Court has ----- the implied waiver test.adoptedWhat is it when the suspect makes it clear that he knows his rights, know he's giving them up, and knows the consequences.Express wavier testWhat is it when the totality of circumstances surrounding each case has to prove that before suspects talked, they knew their rights and knew they were giving them up.implied wavier testWaivers must be what?voluntary and knowingWhat are circumstances relevant to showing that a waiver has been given?ability to understand English, familiarity with the criminal justice system, intelligence, physical condition, education, mental condition, and age.Confessions are involuntary only if the totality of circumstances can prove what two things?1. Officers engaged in coercive conduct during the interrogation 2. The coercive conduct caused the suspect to make incriminating statementsCommon circumstances courts consider in determining if coercive state action caused people to confess include what?the location where the questioning took place, whether the suspect initiated the contact with law enforcement, whether the Miranda warnings were given, the number of interrogators, the length of questioning, whether food water and toilet facilities were denied, whether police used threat promises lies or tricks, whether the suspect was denied access to a lawyer, and the suspect's characteristics.Courts have ruled that none of the following actions caused suspects to confess which include what?Promises of leniency, promises of treatment, confronting the accused with other evidence of guilt, the interrogator's appeal to the defendant's emotions, and false and misleading statements made by the interrogator.Researches divide proved false confessions into three categories which are?1. Voluntary false confessions 2. Complaint false confessions 3. Internalized false confessionsAmong the reforms considered to reduce false confessions there are what?1. Reducing length of time in custody and interrogation 2. Eliminating police use of false information during interrogation 3. Recording interrogations and confessions