Assignment Interrogation and Investigation Procedures
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DownloadJUS 441 Topic 4 Interrogation and Investigation Procedures
Instructions: Answer the five questions below. Please review and respond to each of the following questions. Each response should be substantive, meaning at least three to four sentences demonstrating analytical thought. If the response is simply yes or no, or a short single sentence, you will likely receive either partial or no credit for that question.
Each question is worth 10 points each. The instructor is looking for the substantiveness of responses, whether you provide a response that meets the minimum word count (50-100 words), and whether you provided citations (when applicable). Your responses will also be reviewed for logic. NOTE: Even though this information may come from the textbook, you are expected to state the information in your own words and cite it.
What limitations do courts impose on police in the use of deception in the interrogation of suspects?
Courts do not tolerate misrepresentation of the legal rights pertaining to a defendant by the police. This includes promising the suspect that whatever statements he or she will issue out are not subject to being used against the suspect. The amount of psychological coercion induced on a suspect is limited if it compromises the ability of the suspect to confess falsely in a bid to protect those endangered. This includes interrogations that impose threats to the relatives of the suspect which are perceived to be inappropriate by the court CITATION Cyn14 l 1033 (Najdowski, 2014).
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Police are also warned against presenting lenient offers to suspects because they may be easily accepted by innocent victims who seek relief from their ordeal.
If a suspect invokes their 5th Amendment right against self-incrimination, are the police prohibited from asking any questions? How long does the invocation of the right against self-incrimination last? When might the police be able to begin asking investigatory questions again?
No suspect under this invocation may be forced to testify against themselves in response to police interrogations. The suspect is allowed to remain silent if any of the arresting officers or agents attempt to probe him regarding a crime they are being accused of. This right that prevents the involuntary self-incrimination by an arrested individual is invoked and remains effective unless the suspect waivers this right. The police may begin interrogation after giving Miranda warnings to the suspect. The suspect may either waive the right of invocation by responding to questions or still choose to remain silent CITATION Bai18 l 1033 (Gaylen, 2018).
How can police conduct a proper line-up procedure? What might be some of the practical limitations to the line-up procedure?
The police can issue a command for every participant to dress exactly as the suspect and even say out the words that the suspect used. These conditions should be applied equally to all the participants. The police can ensure that the suspect has a lawyer to oversee the line-up process and prevent any bias from happening. The lawyer will protect the rights of the suspect during the process. Limitations associated with line-up procedures include the pressure eyewitness faces to select a person CITATION Nat14 l 1033 (Council, 2014). The witness may forget the details of the suspect and start comparing the looks of the participants.
How can the police conduct a proper photo pack identification procedure?
Computer systems may be used to obtain a filler photograph based on the physical characteristics given out by the eyewitness. If the photographs provided prove insufficient in their description, other photographs can be produced. This process should be conducted with confidentiality and the witness should have no knowledge of the number of photographs to be viewed CITATION Nat14 l 1033 (Council, 2014). The police can also select pictures resembling the suspect. The array formed can now be issued out one by one to the eyewitness for viewing. After viewing, the witness should say whether there is any recognition.
How does a judge determine whether a confession is proper? When might a judge reject a confession?
Confessions are regarded to be admissible if the interrogation techniques used did not compromise the free will of the defendant or interfere with his or her rights regarding the process. Confession should be given out voluntarily by the suspect CITATION Cyn14 l 1033 (Najdowski, 2014). A confession may be rejected by a judge if the suspect was tortured, faced duress, or was mistreated. The interrogations should be examined based on the stipulated facts. Use of deception that was not forceful may also lead to rejection of confession.
References
BIBLIOGRAPHY Council, N. R. (2014). Eyewitness Identification Procedures. Identifying the Culprit: Assessing Eyewitness Identification, 21-25.
Gaylen, B. &. (2018). What is the 5th Amendment Law? Get Legal, 55-58.
Najdowski, C. J. (2014, May). Deception in the interrogation room. Retrieved May 22, 2018, from American Psychological Association: www.apa.org/monitor/2104/05/jn.aspx
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