CFI Legal & Ethical Issues 2 — Questions and Answers
Question 1: Under the Sixth Amendment, a suspect's right to counsel attaches at which point?
- When the suspect is first approached by law enforcement
- At the initiation of formal criminal proceedings (Correct answer)
- Only during trial testimony
- When the suspect invokes Miranda rights
Correct 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.
Question 2: A forensic interviewer who records a subject's statement without consent in a two-party consent state may face which consequence?
- Only an administrative reprimand
- Suppression of the recording and potential criminal liability (Correct answer)
- Civil contempt citation only
- No consequence if the interview was voluntary
Correct 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.
Question 3: The Brady v. Maryland ruling obligates prosecutors to disclose evidence that is:
- Privileged and protected from discovery
- Favorable to the defense and material to guilt or punishment (Correct answer)
- Only exculpatory DNA evidence
- Obtained through informants
Correct 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.
Question 4: When interviewing a juvenile suspect, which legal protection is specifically emphasized beyond those afforded to adults?
- Juveniles may waive Miranda rights without parental notification in all states
- Courts scrutinize the voluntariness of juvenile waivers with heightened care due to age and maturity (Correct answer)
- Juveniles have no Fifth Amendment privilege
- Juvenile confessions are always admissible if recorded
Correct 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.
Question 5: The ethical principle of 'non-maleficence' as applied to forensic interviewing means the interviewer must:
- Maximize the number of admissions obtained
- Avoid techniques that could cause psychological harm to the subject (Correct answer)
- Disclose all interview findings to the public
- Maintain confidentiality at all costs
Correct 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.
Question 6: An interviewer testifying as an expert witness must base opinions primarily on:
- Personal intuition developed through years of experience
- Reliable methods and sufficient facts accepted in the relevant scientific community (Correct answer)
- Only peer-reviewed publications from the last two years
- The opinions of the lead investigator
Correct 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.
Question 7: Which action by an interviewer would most likely constitute a Fourth Amendment violation during a non-custodial interview at a subject's home?
- Asking the subject to explain an inconsistency
- Searching the subject's desk drawers without consent or a warrant (Correct answer)
- Taking detailed notes during the interview
- Using a structured interview protocol
Correct 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.
CFI Legal & Ethical Issues 2
Under the Sixth Amendment, a suspect's right to counsel attaches at which point?