Under the public safety exception, where officers engage in a custodial interrogation before Miranda warnings, and if reasonably prompted by a concern for the public safety or the safety of the arresting officers, a suspect’s statements are admissible as evidence. (New York v. Quarles (1984) 476 U.S. 656 (holding that the need for answers to questions in a situation posing a threat to the public safety outweighs the need for the prophylactic rule protecting the Fifth Amendment’s privilege against self-incrimination).) In essence, an officer must have a reasonable need to protect the public or themselves from immediate danger. Id. Moreover, the applicability of the public safety exception is not dependent upon the subjective motivation of the questioning officer.…
. Another very important piece of policing that has also evolved with the times is police interrogation methods. An interrogation is when someone examines a suspect by questioning them formally. The biggest difference in interrogation methods used in the past compared to the more modern method is between the confrontational and non-confrontational methods. Confrontational interrogation, also known as the Reid Technique, is an aggressive way to obtain a confession.…
In the article, “Avrom Sutzkever’s Art of Testimony: Witnessing with the Poet in the Wartime Soviet Union,” Hannah Pollin-Galay makes the argument that Avrom Sutzkever’s poetry had a large influence on the portrayal of the Holocaust. She supports this notion by evaluating his credibility and addressing the role it played in his influence. Also, she establishes that his addition to the literary portrayal of the Holocaust was drastically different than anything before. She evaluates his dramatization of speech and claims that it allowed for a more genuine expression of testimonies. Lastly, she clarifies the importance of his poetry in the effect it had on the general public and Holocaust victims as well.…
In today’s world technology is readily available to just about everyone. Most people have a phone of some form and most of those phones have the ability to take both pictures and videos. As more accusations are thrown around it is becoming more and more normal to have individuals record others when they are being detained or arrested by police officers. This tactic is becoming increasingly necessary to protect both sides and allows little to no room for misinterpretation. One would think that if officers were encouraged to use recording devices than the stipulations would be equal for the opposing party.…
In addition, the counsel for the Prosecution requested own witness to testify in order to give more evidence to the jury. On the one hand, the prosecutor used a strategic language to obtain certain answer to convince the jury, the witness was not under any pressure to respond to the persecutors' questions. This is a direct examination, which known as examination -in-chief. On the other hand , the prosecutor called the other side of the case for a purpose of examining the witness in a challenging way; unfriendly, in order to extract certain fact to convince the jury. This is known as cross-examination , to disapprove the certification which demonstrate by the opposition.…
What qualifies and disqualifies you as a witness • What qualifies me as a witness is that I have personally suffered being unable to rent or own housing the neighborhood of my choice. I have witnessed people being displaced from their communities because they could not afford to live there anymore. • What disqualifies me as a witness is the fact that I have not been at this advocacy for a short time. B: What is the problem that you are addressing? •…
The U.S. Supreme Court has made decisions to allow police officers to use deception during custodial interviews of suspects per case law Frazier v. Cupp, 1969 and Oregon v. Mathias on, 1977. Supportive decisions of deception has been made also in the State Court level per State v. Nightingale, 2012. Deception during investigations does not mean a case to be solved by “whatever means necessary,” as the suspects have their civil rights. However, I do believe the deception and baiting a suspect during investigation and in custodial interviews, is a tool necessary to pursuant of solving a case. There has to be reasonable and prudent justification to use deception in relation to the case under investigation and it should be proportional.…
When you watch the classic cop shows you probably see someone getting arrested in a crazy way. They are chased for a half mile jumped on subdued maybe yelled at quite a bit and then finally put in hand cuffs. Even though a wild chase for arrest is unlikely it can happen and sometimes does but in reality police offers will simply arrest someone to keep them from running or trying to flee a scene. The exact definition of arrest according to Frank Shmallegers book “Criminal justice a brief introduction.” Is defined as “Whenever a law enforcement officer restricts a person’s freedom to leave.”…
I do believe deception or lying by law enforcement is a justifiable interrogation technique. With that being said, caution should be taken when the decision to utilize such a technique as to prevent violating someone’s rights and prevention of any confessions being ruled coerced by the courts. In American history, police regularly used brutality to obtain information from a suspect (Skolnick & Leo, 1992). Due to things such as the Wickersham report from the 1920’s, changes in law, and implementation of Miranda rights, this practice has almost completely gone away (Skolnick & Leo, 1992). Today, deception is an invaluable tool to law enforcement to investigate crime and one reason I believe in its merits is that fact that it is allowed by law (Skolnick & Leo, 1992).…
These details act as major testing ground for basing the proof of the suspect’s guilt. The interrogator is not very concerned with the relationship between them and the subjects. However, the PEACE MODEL necessitates engaging the witness or suspect and giving them a clue of what is expected of them and the need for compliance. This ensures that an understanding or a bond is established between the interviewer and the interviewee to make them feel comfortable giving you the information you need from…
If you have been charged with a criminal offense in Pennsylvania, or elsewhere, then you know that your arrest may have been based on eyewitness testimony. Identifications and testimony given by eyewitnesses have long been considered one of the most reliable types of evidence. More and more, however, it has been shown that eyewitness recall might not be as accurate as it was once thought to be. In fact, Science magazine reports that eyewitness testimony was the basis for approximately 75 percent of wrongful convictions for murder and rape.…
A field interrogation, or often referred to as an on-the-street questioning, is a common practice of an officer asking questions to citizens who are suspected of some potential wrongdoing but who are not under arrest so the person in question is not read the his or her Miranda rights. Since there is no arrest the person in question is free to not answer any questions and or leave. However the interrogation can turn into a custodial interrogation where the suspect in question is in custody and the officers has limited his or her freedom or action in a significant way. The courts may look for several factors to determine whether an interrogation was custodial. The most obvious indicators to determine if the interrogation is custodial are if the…
The videos clearly show and explain how the eye witness statement can have an impact on the investigation as well as false information being entered into court, which can lead to false conviction. In the first video, almost every interviewee had a different answer, the only thing that was repeated was; “He had a black jacket, wool hat, and he was all”. When the interviewer asked about the hair colour, the interviewees came up with a bunch of different answers. I think this is a perfect example that; People’s memory is made up of what they want to see and not of the actual facts. In the first video, the interviewer asked the closed-ended questions first and then lead into the open-ended questions.…
Eyewitnesses are humans, who are bound to make mistakes, and are prone to the misinformation effect. The old man had heard the young man threatened his father to kill him and the woman had witnessed the young…
The case Frye V. The United States dealt with the admissibility of the systolic blood pressure test or better known as a lie detector test in court. Frye was convicted of murder in the second degree when he made the request to take the test and call an expert witness to read the test at his appeal. The test was to tell if he was telling the truth about the murder by monitoring his systolic blood pressure. If he was lying then his blood pressure would go up and if he was telling the truth it would start high and then gradually go down.…