CJ210: Interrogation: Purpose, Guidelines, Procedures, and the Miranda Ruling Unit 6 Seminar: Miranda, Interrogation, Interviews, and other

Welcome Back From Midterm Midterm Missing assignments Second half of term Any questions about anything before we begin? Unit 7: Seminar Discussion Quiz

Two Questions First question: What does interrogation mean to you? Second question: What does interview mean to you?

Interrogation & Interview InterrogationInterview Information gathering activities that involves the direct questioning of suspects Or questioning people suspected of direct or indirect involvement in the crime being investigated Applies to suspects or suspects families, friends or associates (People who may withhold information or be deceptive) Questioning people not suspected of being involved in a crime but who know something about the crime or the individuals involved in it Applies to victims or eyewitnesses, use discretion where interviewing Five W’s and One H (Minimum to cover in interview)

What does suspect mean to you?

Suspect An adult or a juvenile who has not been arrested or charged but whom a criminal justice agency believes bay be the person responsible for a specific criminal offense. FYI: Most people have a difficult time describing the offender *Be aware some people will not come forward with information

Tell me what the Miranda warning means to you.

Miranda Warning The set of rights that a person accused or suspected of having committed a specific offense has during interrogation and of which he or she must be informed prior to questioning. Custody and Interrogation: both necessary before an advisement of rights is required

MIRANDA WARNING Use of a card with the Miranda Warning. This spells out the constitutional rights of the individual. A must for officers. 1. You have the right to remain silent. This means you do not have to answer any questions. 2. If you answer any question, anything you say can be used against you in court. 3. You have the right to legal counsel. This means you may secure the services of a lawyer of your own choosing and seek his or her advice. You may also have him or her present with you while you are being questioned. 4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning takes place, if you so wish. This will be done without any expense to you. 5. If you decide to answer questions now without a lawyer present, you retain the right to stop answering at any time. At that time you still have the right to seek the advice of a lawyer before continuing to answer questions.

SAMPLE MIRANDA WAIVER This is a sample of the Miranda warning waiver. Note this may vary from agency to agency. I have had my rights explained to me and have read a statement of them. I understand what my rights are. I do not want an attorney at this time. I know and understand the consequences of what I am doing. I am willing to answer questions and to make a statement. No threats have been made to me. No coercion of pressure of any kind has been exerted against me. No promises have been made to me. DATE: ____________________________ ______________________________________ (Signature) TIME: _____________________________ LOCATION: _______________________________________________________________ WITNESS: ___________________________________________ DATE: ____________ TIME: ____________ WITNESS: ___________________________________________ DATE: ____________ TIME: ____________

Miranda Warning Let me now see if you have any additional questions or comments regarding the Miranda warning.

Preparation For Interrogation 1. Personally visit the crime scene in important cases, or refresh memory by reviewing the crime scene photographs. 2. Review the entire file so as to be thoroughly familiar with all the details of the case. 3. Be aware of how any physical evidence that was discovered is useful in reconstructing the crime or in connecting a suspect to the crime scene or victim. 4. Learn as much as possible about the subject from his or her family and friends. If the subject’s name appears in the records of the department, the facts and circumstances of each and every incident recorded in the files should be studied. Anyone in the department who knows or has had contact with the subject should be queried for any helpful insights they

Preparation Continuation studied. Anyone in the department who knows or has had contact with the subject should be queried for any helpful insights they might be able to provide. In addition, anything that is of concern or interest to the subject should be learned. This would include such matters as: What job does he or she hold? Is he or she of a religious bent? Does he or she have hobbies and other interests— such as specific sports played or watched? 5. Ascertain which elements of the crime can be proved by the existing evidence and which still need to be proved. Any possible incriminating facts disclosed by the subject should be followed up, particularly when they relate to those elements still to be proved. Beginning the interrogation and some questions to consider and to begin with, determining if the suspect is rational. Page 304

Additional Questions To Consider: The Body of the Interrogation His or her whereabouts at the time of the crime; Who he or she was with at the time; What he or she was doing at that time; Whether there was anyone who had an opportunity to observe him or her at that time, and who they are. Pages Benefits of Recording the Interview; Pages

Wrap Up Any questions about anything covered today during the seminar? Unit 6 Assignments: Seminar, Discussion, Quiz, and missing assignments I will stay online to answer any questions Have a good week and if you need something let me know. See you in class