Interviewing and Interrogation Flashcards

Under Miranda v. Arizona, warnings are required when a suspect is subjected to which combination of conditions?

Answer: Custody and interrogation

Miranda applies only when a person is both in custody and subject to interrogation by police.

A suspect says, "Maybe I should talk to a lawyer." Under Davis v. United States, what must the officer do?

Answer: Nothing is required, because the request is ambiguous

Davis held that a request for counsel must be unambiguous, so officers may keep questioning after an equivocal statement.

In the cognitive interview technique, what does asking a witness to "report everything" do?

Answer: It encourages the witness to share details they consider trivial, which may trigger other memories

Reporting even minor details can cue related memories and add information that corroborates other evidence.

Which question type is MOST likely to contaminate an eyewitness's memory?

Answer: "Was the red car speeding when it hit the man?"

Leading questions that assume facts, such as the car's color or that it was speeding, can change what the witness remembers.

Edwards v. Arizona holds that once a suspect in custody invokes the right to counsel, police may NOT:

Answer: Begin interrogation again unless counsel is present or the suspect starts the conversation

Edwards bars police from reinitiating interrogation after a suspect invokes counsel, unless the suspect starts the communication.

A cooperative witness keeps drifting off topic during an interview. What is the best way to handle it?

Answer: Steer the witness back to the topic with a focused open-ended prompt

Gently steering with focused open-ended prompts keeps rapport while getting the interview back to relevant facts.

What is the main purpose of separating multiple witnesses before interviewing them?

Answer: To keep them from influencing each other's accounts

Separating witnesses keeps each account independent and stops them from merging their memories.