Deception In Custodial Investigation

Improved Essays
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. If such consideration is not given to the investigation methods and tactics, there is a danger of misusing the

On a situation of a child abduction where time is of an essence to recover the child unharmed, more aggressive approach to investigation and interrogations may be justified. Yet using the same level of deceit and trickery may not be reasonable during a minor hit and run accident with property damage only. Potential misuse of deceitful tactics can be come an issue if the investigator is overly focused on solving the offense and fails to take in consideration all circumstances
…show more content…
The information obtained from a subject must be given knowingly and intelligently, meaning the subject must understand what they are doing when talking to the investigators and potentially providing a confession. It takes a lot of character, professionalism and ethics from an investigator to recognize and accept when a person is not able to produce truthful account of events and circumstance even when they’re attempting falsely to take responsibility of an offense they were initially suspect

Related Documents

  • Improved Essays

    Section A: Patrick Free was a suspect in the murder case of Adam Suopys in New Jersey. He was taken into custody at 5:18 p.m on 1/8/98 where he received relentless interrogation for seventeen hours straight. He was kept in a small room and was not offered any food or water throughout the duration of the interrogation which lasted over the entire night. He was questioned by up to four interrogators at the same time.…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    opened with the officer advising him of the Miranda Rights in great detail (FindLaw, n.d.). Michael C. requested to have his probation officer present during the interview when the officer advised him of his right to have an attorney present. The request was denied by the officer, who then again advised Michael C. of his right to have an attorney present during the questioning. The offer to have an attorney present was ultimately refused by Michael C., as he agreed to answer questions without an attorney present. The officer began questioning Michael C. about the murder, a statement as well as sketched were obtained from the interview which incriminates the suspect of the crimes (Elrod & Ryder,…

    • 754 Words
    • 4 Pages
    Superior Essays
  • Brilliant Essays

    Baldwin, J. (1993) ‘Police Interview Techniques: Establishing Truth or Proof?’ British Journal of Criminology 33(3), 325-352 Blair, J. P. (2005) ‘A test of the unusual false confession perspective using cases of proven false confessions’. Criminal Law Bulletin 41, 127-144 Davies, S. L. (2005) ‘Reality of False Confessions-Lessons of the Central Park Jogger Case’, The. NYU Rev. L. & Soc. Change 30, 209 Findley, K. A., & Scott, M. S. (2006).…

    • 114 Words
    • 1 Pages
    Brilliant Essays
  • Improved Essays

    Imagine being a husband coming home from work to your wife. You usually go out on a Thursday night, but a heavy weight on your shoulders has you feeling guilty. You tell your wife that you do not want to go out and that you need to confess something to her. Being a detective, you are usually a very honest and honorable man, but you have cheated on your wife and tell her that you want a divorce. You even offer to leave her money so that she will be stable.…

    • 763 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In a homicide investigation, there are many factors which may impact the likelihood of a successful case. In order for a suspect to be convicted on trial, investigative processes must be followed that involve several imperative elements. However, sometimes these procedures aren’t followed and it is in these circumstances that major errors and flaws in the inquiry process are exhibited. It is then due to this that recommendations and frameworks must be created in order to avoid such weaknesses in future cases. Although, sometimes extrinsic factors, such as the influence of the media, may also impact the outcomes of such cases.…

    • 1989 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Comparing Reid Interview Technique and the PEACE Model Dominic Wood Police Foundations Interview and investigations Amy Bjerkens October 03 2017 Comparing Reid Interviewing technique and the PEACE model While the Reid model aims at obtaining a confession from the witness or suspect, the PEACE Model aims at getting the information that will help in determining the guiltiness or the innocence of the subject. Whereas the Reid model is interrogator-based and follows what is dictated by nature and the reactions of the subject, the PEACE Model is a step by step process which is preplanned in the mind of the interrogator. The Reid interviewing model is based on body language while the PEACE Model is founded on deceiving the subject…

    • 926 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    According to the innocence project, 24 percent of the wrongful convictions reversed by DNA are caused from false confessions. Despite that, many people believe that an individual who is innocent will not falsely confess to police unless he is or mentally ill or physically tortured. This belief has been noted by several scholars and documented in public surveys. Many believe this because most people do not know anything about a police interrogations, and what happens in it. People wrongly assume that the innocent suspect do not help themself by denial and that's why they falsely confessing to a crime that they did not…

    • 1006 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Adnan Guilty Case Study

    • 762 Words
    • 4 Pages

    On the day of January 13, 1999 something strange happened. A girl by the name of Hae Min Lee was murdered. Her ex-boyfriend Adnan Syed was convicted of the murder. Adnan went on trial, but it ended quick as the judge already declared him guilty of the murder. Adnan says that he is innocent and and a lot of people from Woodlawn High School say that he was a good student and a star athlete.…

    • 762 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Using layman’s terms, explain laws and legal concepts that should be taken into account during the collection, analysis, and presentation of evidence. Investigators should tend to any hardware and software very cautiously because any and all evidence is crucial to the investigation. Investigators should keep any information especially private information regarding Mr. Oliver secret unless needed for question, or verification. Clients should keep the investigation a secret for confidentiality reasons and try as much as possible to avoid press. Others should come forward if they have any information potentially viable to the…

    • 711 Words
    • 3 Pages
    Great Essays
  • Improved Essays

    The investigators gets evidence from the crime scene, and takes to a labortory and multiple tests on the it. Sometimes science aspects don’t always help solve the…

    • 1006 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    When a crime takes place, authorities’ number one priority is to obtain a confession. Unfortunately, in order to do this, investigators use mental manipulation on their suspects. Interrogators would keep the person in a room for hours, and continuously accuse them of a crime that sometimes the person being interrogated did not commit. This pressure would result on an individual giving a false confession. According to the Innocence Project (2014) people usually give out false confession because they believe that if they comply with the police, it will benefit them and help them prove their innocence in the future.…

    • 785 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    It is unbelievable the number of exonerees who have been convicted for a crime they did not commit. An exoneree is a person who has been proven innocent after being convicted for a crime they did not do. To exonerate means to release them when proven innocent. There are many factors taken in place and mistakes done by the criminal justice system that has led to wrongful conviction and even death sentences. Why are innocents convicted?…

    • 1033 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Leadership is not about the position you hold, or the title on your door or nameplate, leadership is about the actions you take. In a high-risk environment such as law enforcement, the most essential element is competent and confident leadership. With this competent and confident leadership comes the responsibility to lead ethically. Those who possess and demonstrate ethical leadership skills are positioned to promote the ideals of legal as well as managerial professionalism (Ortmeier, Meese, 2010). As an ethical leader, you have assumed the responsibility to not only guide your crew through the good times and the tough times, you are also expected to develop your peers into leaders so that they may one day take your spot, or move on in their…

    • 1161 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The need for police ethics and accountability is very important in public sector. Accountability refers to an obligation of an individual or organisation to account for its activities, accept responsibility for them and to disclose the results in a transparent manner (Prenzler, 2013, p. 27). The role of police is usually summarised in terms of enforcing the law, preventing crime, maintaining order and providing emergency assistance. They are responsible of protecting people from assault, sexual assault, murder, robbery, theft, extortion, kidnapping, fraud and many other types of threats to their property and wellbeing, as well as assisting at accidents and other emergencies. They also have a duty to assist in minimising people’s fear of crime…

    • 1110 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Assignment 5.3: Role of Investigator Introduction Investigators have an immense role in the criminal justice system. They have to ensure they follow due process, as well as, keeping the integrity of the evidence to prove continuity when entered into court. In the QB trial video, R v. Perry and Manitoba (2016), the investigating officer, Constable York, seized four exhibits: a wallet, a Timex watch, a kitchen knife, and a gun replica, which entered into court as physical evidence. Constable York also testified as a key witness, who then had to undergo a cross-examination by the defence counsel.…

    • 964 Words
    • 4 Pages
    Improved Essays