I & I Nov 20th notes
I & I Nov 20th notes 3262–01/02
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Popular in Criminal Justice
This 3 page Class Notes was uploaded by Peter Wright on Friday November 20, 2015. The Class Notes belongs to 3262–01/02 at Mansfield University of Pennsylvania taught by Dr. Joshua Battin in Summer 2015. Since its upload, it has received 22 views. For similar materials see Investigation and Interrogation in Criminal Justice at Mansfield University of Pennsylvania.
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Date Created: 11/20/15
Admission of guilt – The recognition/admittance that you have participated in a certain action (verbal, head nod, etc) Confession – Detailed account that takes responsibility for a crime Follow up the first admission of guilt with a reinforcement statement (a statement that leads to next part of interrogation, which is getting the details). Reinforcement statement example – “Good, that’s what I thought all along, thank you” By getting details from a confession we can (usually) tell if a suspect is genuine with their confessions (and not just being pressured into one). If they know the facts they are the guilty party Purpose – Go right into the details so that the suspect does not think about consequences Keep questions short and specific so the suspect does not need to talk much Break up the narrative into segments Get a narrative of the crime No legal terms or descriptive terminology This does not mean deception will no longer occur After every investigation steps back and give it the “eye test” (make sure everything makes sense) Committing the suspect to the crime Dependent corroborative information – Information known by the investigator that is withheld from the public (develop this information with specific questions) Attempt to develop independent corroborative information (what the investigator does not know). Very info with victim get details of what happened, how, where and what the suspect dud before and after the event. Do not take notes during the oral confession If the suspect says something like “I can’t remember” (in response to a question)– Move to a different subjects, go back to it later Do not lead questions Rational corroboration – all collected info to see if everything makes sense A retracted confession arrives a week or two later, it was probably a sincere confession, meaning the suspect is guilty. If it is only a day or so later it probably means an innocent suspect was pressured into a confession. Ask these questions Did the investigator fail to elicit the proper information? Was the suspect unable to provide this info? Did the suspect refuse to provide such info? Is there accuracy in the corroboration (was the confession genuine) You want to have the confession written by the suspect, but the interrogation can also do it Forms of written confession Statement written by the suspect (voluntary, written) Statement by interrogator (formal document) Video tape the proceeding Guidelines for SUSPECT WRITTEN STATEMENT Takes statement without delay Do not offer the suspect breaks Keep the conversation in their language (keep it simple, and do not put words in their mouth) Organize the confession, not what to write Have separate confessions for separate crimes Establish that no threats/promises were made to get the confession Record dates, times, and page numbers for everything Have suspect correct initial errors within the written confession (and when you read it out loud). Have them give a simple line across the wrong part and have them write the corrected statement/word above it Do not spell words for the suspect (a lawyer will rip that to shreds in court) Make sure suspects has recorded all details of the crime Remain in the room, privacy is key Guidelines for INTERROGATOR WRITTEN CONFESSION Should be written in first person Read statement aloud as you write Have witnesses (and video recording) Formal statement Miranda warnings Age/address of suspect Elements of the crime Same as oral and written statement If possible have them sketch the crime scene and identify its elements No signature line, just have them sign the bottom of the paper (people do not like the dotted line) Have them write a closing statement (“I have read these pages and agree to them”)