Legal & Ethical Issues Flashcards

A false confession obtained through prolonged sleep deprivation would most likely be challenged under which legal doctrine?

Answer: The totality-of-circumstances voluntariness test

Courts evaluate confession voluntariness under the totality of circumstances, and physical deprivation like sleep deprivation is a key factor indicating coercion.

The NICHD Protocol is considered ethically significant in child forensic interviewing primarily because it:

Answer: Uses scientifically validated, non-suggestive techniques that protect children's testimony integrity

The NICHD Protocol is evidence-based and minimizes suggestibility, protecting both the child's well-being and the integrity of the investigative process.

An interviewer discovers during a pre-interview review that a key piece of exculpatory evidence exists. Ethically, the interviewer should:

Answer: Disclose the existence of the evidence to the appropriate parties and document it

Ethical forensic practice and Brady obligations require that exculpatory evidence be disclosed to appropriate parties rather than suppressed or ignored.

Which of the following best describes 'informed consent' in the context of a forensic interview with a competent adult witness?

Answer: Explaining the purpose, voluntary nature, and potential uses of the interview before it starts

Informed consent requires disclosing relevant information—including purpose, voluntariness, and how information may be used—before the interview begins.

When a forensic interviewer suspects child abuse during a civil investigation, mandatory reporting laws typically require:

Answer: Immediate reporting to child protective services or law enforcement regardless of employment role

Mandatory reporting statutes in all U.S. states require designated reporters—and often any person—to report suspected child abuse immediately to the appropriate authorities.

A CFI who fabricates interview notes to support a predetermined conclusion is most directly violating which professional ethical standard?

Answer: Integrity and honesty

Falsifying documentation violates the core ethical obligation of integrity, which requires practitioners to be honest and accurate in all professional activities.

Under the exclusionary rule, evidence gathered in violation of a suspect's constitutional rights is generally:

Answer: Inadmissible in the prosecution's case-in-chief

The exclusionary rule bars unconstitutionally obtained evidence from being used in the government's case-in-chief, though exceptions like good faith may apply in specific circumstances.