Interviewing and Assessing the Offender

Admission

a statement or acknowledgement of facts by a person that tends to incriminate that person, but which is not sufficient itself to establish guilt of a crime.

Confession

a statement or acknowledgment of facts by a person establishing that person’s guilt of all element of a crime

Affidavit

a written statement containing allegations that is a confirmed oath

Elicit

to draw out or entice

Interview

the questioning of a subject who is not suspected of criminal activity at the time of the encounter. a person being interviewed may become a suspect. interviews are used as a tool to prepare for interrogation

Interrogation

the questioning of a person that has been stopped or arrested and who is suspected of criminal activity

Patience

unperturbed by obstacles and delays

Res Gestae

a statement which is made spontaneously and instinctively

5th Amendment Rights

right against self-incrimination “Miranda v Arizona”

police read Miranda warning to suspect if:

suspect in custody

suspect will be interrogated regarding a crime

Types of Miranda waivers to be considered valid:

voluntarily, knowingly, intelligently

waiver NOT made voluntarily (examples)

torture, threat, promises of leniency

Miranda Warning

Given to a suspect once, usually just before their first Custodial Interrogation

-the right to remain silent

-the right to have counsel present, and

-the right to have the state appoint and pay counsel if the suspect cannot afford one

Warns a suspect that anything said can be used against the suspect in court

does not have to be given before a field interview or a regular interview

Waiver

the act of intentionally relinquishing or abandoning a known right, claim, or privilege