Legal & Ethical Issues Flashcards

Under Federal Rule of Evidence 608, a forensic interviewer's credibility as a witness may be attacked by:

Answer: Presenting evidence of specific prior acts of dishonesty bearing on truthfulness

FRE 608(b) permits cross-examination about specific prior acts that are probative of a witness's character for truthfulness or untruthfulness.

The ethical obligation of 'objectivity' in forensic interviewing requires the CFI to:

Answer: Present findings fairly and impartially regardless of the outcome's effect on the case

Objectivity demands that the CFI present all findings accurately and without bias, even when those findings are unfavorable to the retaining party.

When a subject invokes their right to remain silent mid-interview after initially speaking, the interviewer must:

Answer: Immediately cease questioning on the subject matter invoked

Under Michigan v. Mosley, once a suspect invokes the right to silence, interrogation must cease; continuing to question after invocation renders subsequent statements inadmissible.

A CFI conducting a workplace investigation for a private employer is bound by Miranda requirements:

Answer: Only if law enforcement is directing or closely coordinating the private investigation

Miranda applies to custodial interrogations by state actors; private employers are not bound unless law enforcement is so involved that the private investigation becomes a government action.

Which ethical obligation does a CFI have when asked by a client to alter or omit findings from a written report?

Answer: Refuse, as altering findings violates professional integrity and could constitute fraud

Altering or omitting material findings at a client's request violates the CFI's duty of integrity and may constitute fraud or obstruction of justice.

The doctrine of 'corpus delicti' is relevant to forensic interviewing because it requires:

Answer: Corroboration that a crime actually occurred before a confession alone can support a conviction

The corpus delicti rule prevents conviction based solely on an uncorroborated confession; independent evidence that the crime occurred must also exist.

An ethical issue arises when a CFI is asked to conduct both the forensic interview and serve as the subject's therapist. This dual-role problem is best described as:

Answer: A role conflict that compromises both the therapeutic relationship and forensic objectivity

Therapeutic and forensic roles have fundamentally different objectives and ethical obligations; combining them creates a conflict that undermines both the treatment relationship and investigative integrity.