CJ210: Interrogation: Purpose, Guidelines, Procedures, and the Miranda Ruling Unit 6 Seminar Two Questions • First question: What does interrogation mean to you? • Second question: What does interview mean to you? Interrogation & Interview Interrogation • 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) Interview • 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) 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 Time Magazine - 2010 TOP TEN SUPREME COURT CASES • • • • • • • • • • Brown v. Board of Education Roe v. Wade Miranda v. Arizona Marbury v. Madison United States v. Nixon Loving v. Virginia District of Columbia v. Heller Citizens United v. Federal Election Commission Plessy v. Ferguson Korematsu v. United States Read more: http://www.time.com/time/specials/packages/completelist/0,29569,2036 448,00.html#ixzz1wrqKgy3m Miranda Warning What is the Miranda warning? What does it mean? Can you recite the Miranda Warning? Where does the Miranda Warning come from? 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 • 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. Miranda Warning Use of a card with the Miranda Warning. This spells out the constitutional rights of the individual. A must for officers. • 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: ____________ Sample Miranda Waiver This is a sample of the Miranda warning waiver. Note this may vary from agency to agency. Miranda Warning • 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. Miranda Warning • 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. Miranda v. Arizona • Ernesto Miranda Miranda v. Arizona • Decided 1966 • Supreme Court voted 5 to 4 When does a Police Officer have to read the Miranda Warning? Miranda Required Custody + Questioning = Miranda + Waiver Juveniles and Miranda Rights Juveniles and Miranda Rights • Yarborough v. Alvarado Whether suspect is in custody under miranda is determined objectively by how reasonable person in the suspect's situation would understand ability to terminate questioning and leave custody. • On June 16, 2011, in J. D. B. v. North Carolina the U.S. Supreme Court held that juveniles are entitled to expanded Miranda protection. In this 5-4 ruling, the U.S. Supreme Court explains that a reasonable child may feel pressured to submit to police questioning where a reasonable adult feels free to end an interrogation. Therefore, although it may not be determinative, a juvenile suspect’s age is a factor police must consider when deciding whether to give a Miranda warning. Miranda and Undercover Officers Illinois v. Perkins • Miranda warnings are not required when the suspect is unaware that he is speaking to a law enforcement officer and gives a voluntary statement; incriminating statement. • The Court held that “an undercover law enforcement officer posing as a fellow inmate need not give Miranda warnings to an incarcerated suspect before asking questions that may elicit an incriminating response.” • The Court said that “[p]loys to mislead a suspect or lull him into a false sense of security that do not rise to the level of compulsion or coercion to speak are not within Miranda's concerns.” Miranda Exception????? New York v. Quarles • The public safety exception holds that Miranda should not apply to a situation in which police officers ask questions reasonably prompted by a concern for the public safety. Is it admissible????? United States v. Patane • The Court in Patane (2004) found that the introduction of non-testimonial evidence (i.e. physical evidence) obtained as a result of voluntary statements does not violate a suspect’s Miranda right by negligent of non-deliberate failures to provide full Miranda warnings. Translators Should Administer Warnings in the Language Other Than English • In those situations where the officer is faced with a suspect who either does not speak English or where English is a second language, a different problem is presented. Miranda Today • The Miranda requirements apply to custodial interrogations of suspects by law enforcement officers. • When an officer has a suspect in custody and engages in interrogation, the officer must inform the suspect of his or her Miranda rights, and the officer cannot interrogate the suspect unless he or she waives those rights. • If the suspect invokes his or her rights at any time, the officer must cease interrogation and scrupulously honor the rights the suspect asserts. 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. Preparation -Continued • 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 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? Preparation -Continued • 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. 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.