Courts examine the totality of the circumstances when determining whether a consent has been voluntary. List six factors that are considered in determining whether a consent was voluntary. Then clarify the meaning of dispositive as you explain whether any of these factors are dispositive.
What will be an ideal response?
The factors are: 1) the suspect’s knowledge of the right to refuse; 2) the age, intelligence, and language skills of the suspect; 3) the degree of cooperation exhibited by the suspect; 4) the suspect’s attitude regarding the likelihood of discovering contraband during the search; 5) the length of detention; 6) the nature of the detention, including the nature of the questions and whether police intimidated the suspect or coerced the statement. Dispositive means “determinative.” None of these factors are dispositive, though all are considered.
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Which is not one of the three processes of family resilience identified by Walsh (2003 )?
a) belief system b) organizational patterns c) open communication d) parenting skill
The right to counsel under the Sixth Amendment and the ____________________ of Fourteenth Amendment prohibits law enforcement officers from deliberately eliciting incriminating information from a defendant in the absence of counsel after a formal
charge against the defendant has been filed, regardless of whether or not the defendant is in custody. a. Due Process Clause c. Equal Protection Clause b. exigent circumstances d. Right to Property Clause
Community participation is
a. a continuum of citizen participation b. usually a problem for the police c. conducted by all citizens d. avoided by all citizens
Sykes and Matza (1957) state that delinquents will provide justification for their behaviour before engaging in criminal activity in attempts to nullify dominant social controls. What do they call this phenomenon?
a. techniques of neutralization b. neutralization theory c. delinquent drift d. containment theory