Legal & Ethical Issues Flashcards
7 cards from real CFI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Ethical Issues flashcards as text
Under the Sixth Amendment, a suspect's right to counsel attaches at which point?
Answer: At the initiation of formal criminal proceedings
The Sixth Amendment right to counsel attaches once formal adversarial proceedings have been initiated, such as arraignment or indictment.
A forensic interviewer who records a subject's statement without consent in a two-party consent state may face which consequence?
Answer: Suppression of the recording and potential criminal liability
In two-party (all-party) consent states, recording without all parties' consent can render the recording inadmissible and expose the interviewer to criminal wiretapping charges.
The Brady v. Maryland ruling obligates prosecutors to disclose evidence that is:
Answer: Favorable to the defense and material to guilt or punishment
Brady requires disclosure of all evidence favorable to the accused that is material to either guilt or punishment, regardless of the form of the evidence.
When interviewing a juvenile suspect, which legal protection is specifically emphasized beyond those afforded to adults?
Answer: Courts scrutinize the voluntariness of juvenile waivers with heightened care due to age and maturity
Courts apply heightened scrutiny to juvenile Miranda waivers because minors may not fully understand their rights or the consequences of waiving them.
The ethical principle of 'non-maleficence' as applied to forensic interviewing means the interviewer must:
Answer: Avoid techniques that could cause psychological harm to the subject
Non-maleficence requires practitioners to do no harm, which in forensic interviewing means avoiding coercive or psychologically damaging methods.
An interviewer testifying as an expert witness must base opinions primarily on:
Answer: Reliable methods and sufficient facts accepted in the relevant scientific community
Under Daubert and Federal Rule of Evidence 702, expert testimony must rest on sufficient facts, reliable methods, and proper application of those methods.
Which action by an interviewer would most likely constitute a Fourth Amendment violation during a non-custodial interview at a subject's home?
Answer: Searching the subject's desk drawers without consent or a warrant
The Fourth Amendment prohibits warrantless searches of a person's home without consent or an applicable exception, regardless of whether the encounter is custodial.