What constitutes deliberate elicitation? What constitutes a custodial interrogation?
What will be an ideal response?
A custodial interrogation without the warnings of the right to remain silent and the right to counsel are prohibited by Miranda. The Sixth Amendment (Massiah) condemns deliberately eliciting incriminating statements after counsel has been obtained. The test for interrogation for purposes of Miranda is set forth in the Innis case. The Innis test to determine if there is "interrogation" focuses on the effect on the accused-whether, objectively, what the officer did would likely result in the suspect providing incriminating information. The "deliberate elicitation" test, on the other hand, focuses on the subjective purpose of the officer. In other words, deliberate elicitation occurs when the law enforcement officer acts with the purpose of eliciting an incriminating response from a suspect after counsel has been obtained or the adversarial proceeding has begun.
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A state that has granted a defendant immunity to testify about a crime may not render the defendant to another state to be prosecuted for the same crime.
Answer the following statement true (T) or false (F)
Discuss the various ways in which psychological testing can be misused by someone conducting a forensic assessment
What will be an ideal response?
On a stormy evening, you have been assigned as the "ticketing officer" of the night, which involves parking out on the major route that runs through your town with speed radar gun in hand. Without fail, in ten minutes you clock a car at 80 MPH in the 50 MPH zone. Once you catch up to the car and pull the speeder over, you walk up to the driver's side door and bend down to peer in. As the words "license and registration please" come out of your mouth, you notice a bag containing a suspicious-looking substance sitting on the passenger seat. The police entering Jardines' apartment is an example of a
A. search with a warrant. B. consent search. C. search incidental to an arrest. D. custodial search.
__________ involves illegal activities of people and institutions whose acknowledged purpose is profit through legitimate business transactions
a. Organized crime b. Enterprise crime c. White-collar crime d. Cyber crime