Civil Law Assignment: Legal Implications of Confessions & Miranda Warning
Question
Task: Recently, your police department has received media coverage and community activist criticism because of the detective bureau’s techniques of interrogation. Your chief of detectives has assigned you to develop a general order for the chief of police to consider implementing on this topic. The chief will use your drafted general order to prepare his response to the media at a press conference scheduled for next week. Therefore, time is critical. Consider the following:
• Miranda warnings and waiver of rights form
• Use of audio and video equipment
• Note-taking
• Developing a plan
• Knowledge of the subject and incident
The general order should provide sufficient detail on each of the topics, and it should address the legal and ethical considerations and implications of conducting interviews and interrogations. Research general orders so that your submission reflects a format that is typical of what might be seen in a police department general order.
Civil Law Assignment Objectives
• Demonstrate strategies for the conduct of interviews and interrogations.
• Explain the legal considerations/implications of conducting interview and/or interrogations in regard to confessions and the Miranda warning.
Answer
To: The Department of Detectives
From: Chief of Police
CASE SUMMARY OF CIVIL LAW ASSIGNMENT:
Police interrogation techniques have resulted in a bad press image for the agency. For the chief's benefit, I've been requested to draught a general order. A news conference is scheduled for next week to discuss several issues. The meeting will also cover issues such as legal and ethical considerations.
1. Miranda Rights
Every person has a set of rights known as the "rights" that they are entitled to. It was the Supreme Court that enacted these laws. Protective measures are in place to prevent someone from being questioned and pressured into a confession.
You can't keep silent if you violate any of your rights. You can also hire a lawyer so that you don't have to say anything. Suspects can relinquish their rights either orally or by writing a narrative. According to the Supreme Court, detainees in police custody must be informed of their rights through a formal procedure (Ainsworth, 2020). It was recognised by the Supreme Court that this statute should apply to everyone, even juveniles. Depending on whether they have relinquished their rights or have agreed to them, the questioning might continue or come to an end. According to “State v. Fritschen, 247 Kan. 592, 607-08, 802 P.2d 558”, no evidence gathered during an interrogation can be utilised in court until those processes have been completed and followed.
Regardless of the reason for the questioning, the suspect must first be Mirandize. During the arrest, the officer will tell the subject about their rights. Each warning must be followed by a reaction that is documented. A questioning or arrest of a suspect is not possible without first giving the subject a Miranda warning. We owe it to the general public to do all in our power to keep them safe and well-served. Interrogation techniques used by detective bureaus are a part of this. The meeting will be a place to address any issues that may arise.
1. We will build a relationship based on mutual trust and respect with the news outlet and other media outlets as well as the local community.
2. Information from the bureau can be released to anyone who have a legitimate need for it under the supervision and legal limitations of the agency.
I'd do everything I could to get to know the children. You must make things easier for others in order for them to feel at ease with you. The first statement, "having seen this lost child," should be avoided (Feingold, 2020). You have no way of knowing if the child you're speaking with is a friendly family member. You must reassure the child that you are not a threat to him or her in any way. Demonstrate an interest in the sports they participate in or the school they attend. You must keep in mind that they are youngsters, not suspects or subjects of an inquiry. They're still in their early twenties. Adolescents' imaginations may be wild at times. When composing your query, you should use prudence.
• If an interview turns into an interrogation, you must inform the subject of their Miranda Rights.
• The interview and questioning must end if they want the assistance of a lawyer or their parents.
• You may utilise what was mentioned during the interview process exclusively. If the situation escalates to the point of interrogation, the child has the right to be represented by an attorney or a parent.
In this situation, each child would be probed adequately for safety and assurance. In the event that the examination transforms into a cross examination in light of the fact that the kid realizes more than they're telling us, their folks or lawyers will be told (Dean, 2020). We should likewise advise the youth regarding their Miranda privileges for their proclamations to be satisfactory in court. Sound recording can likewise assist us with guaranteeing that we are covering each of our tracks accurately. The mind of a child is still forming, therefore this is to be expected. It is quite possible for a youngster to forget what they say.
Despite the fact that most youngsters will remember, it's best to be safe than sorry and ensure that everything is written correctly.
2. Audio/ Video equipment
The majority of audio recordings are utilised to get a clear image of what happened during a certain event. It's possible that having a visual and audio recording can help you make your argument. It will be easy to see if the police or the suspect was correct. In most cases, a court will accept audio and video recordings as evidence, and this is a good thing. An exception to this rule would be if the people being recorded do not consent to their recordings being used in court. It can be used if one of the parties concerned agrees. Although the purpose of the equipment during an interrogation is legitimate and essential to protect all parties, the use of audio and video equipment varies by state (Veronica Rose, 2020).
• The suspect doesn't have realized the conversation is being recorded in light of the fact that one individual has recently assented to the recording.
• Sound and video hardware is just utilized in outrageous cases, like homicide, assault, or capturing.
• Sound and video accounts can be utilized to decide whether an admission was deliberate or not, just as to guarantee that the assertions made are precise and understood.
• There is no substitute for being able to see a suspect's body language, mental state, and physical condition throughout a trial.<
3. Note- Taking
Being clear, succinct, and correct are highly crucial in note- taking. To be able to document an event in a way that those who weren't present can understand exactly what happened. It is highly feasible to paint a picture of a situation when presented the full information in sequence from start to end.
The notes that an interrogator has on hand are his or her most essential weapon. At the point when somebody isn't being honest, they will normally react to a similar inquiry in something else altogether. The specialists will likewise give close consideration to suspect conduct while being addressed.The police can also review written notes afterwards, especially if there are several suspects in the case (John E. Reid, 2018).
4. Developing a plan
Begin by identifying your current situation and your ultimate goal. If you develop a plan but don't follow through with it, you're setting yourself up for failure. Before deciding on a course of action, take a step back and evaluate the issue.
• A thorough understanding of the facts of the case is essential.
• Create a rap sheet. In order to evaluate if a person is capable of committing the crime they are accused of, it is necessary to look through their previous reports.
• Every piece of relevant knowledge must be at one's fingertips.
• If you're an interviewing officer, it's critical that you jot down all you can about the person you're interrogating, since it might affect the outcome of their testimony (John E. Reid, 2018).
5. Knowledge of the subject and incident
For the most part, the Miranda Rights were designed to preserve suspects' rights to due process under the Fifth Amendment. Any inquiry deemed to be self-incriminating by the individual suspect is protected by the law. As a matter of fact, there are certain misconceptions as to when and where the legislation is enforced (Cranwell, 2021). To use just one example, the law mandates that all investigations and interrogations be conducted by law enforcement officers. There is no need to invoke Miranda Rights when confronted by a security officer because both parties are private persons. As a second problem, the suspects must be detained in a police custody location where their movements are restricted. This usually indicates that the person has been taken into police custody after being arrested.
References
Maher, Robert C. (March 2019). Audio forensic examination: authenticity, enhancement, and interpretation.
John E. Reid (2018). Interview and Interrogation Tips and Case Studies. Retrieved from https://www.policeone.com/investigations/articles/1697350- Note-taking-during-an-interview/
Veronica Rose (2020). Videotaping police interrogations in select states. Civil law assignmentRetrieved from https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R0254.html
Ainsworth, J. (2020). Miranda Rights: Curtailing coercion in police interrogation: the failed promise of Miranda v. Arizona. In The Routledge handbook of forensic linguistics (pp. 95-111). Routledge.https://www.taylorfrancis.com/chapters/edit/10.4324/9780429030581-10/miranda-rights-janet-ainsworth
Feingold, K. D. (2020). Can a Video-Based Education Program Help Youth Understand Their Miranda Rights Findings from a Randomized Trial (Doctoral dissertation, George Mason University).https://search.proquest.com/openview/5438b86ce2f53d2b1b1f29c21bf7e0fe/1pq-origsite=gscholar&cbl=51922&diss=y
Cranwell, P. J. (2021). When Only a Lawyer Will Do–Lawyers as a Necessity, not a Luxury, for Juveniles Before Waiving Miranda Rights in New Jersey.https://scholarship.shu.edu/cgi/viewcontent.cgiarticle=2120&context=student_scholarship Dean, B. M. (2020). Effectiveness of the miranda acquiescence questionnaire for investigating impaired miranda reasoning. J Am Acad Psychiatry Law, 48(2).https://scholar.archive.org/work/fo2bgn5fq5brtlqq6w32mrjztq/access/wayback/http://jaapl.org/content/jaapl/early/2020/02/12/JAAPL.003912-20.full.pdf
