ACCT 5553 RAT 2
Card Set Information
ACCT 5553 RAT 2
ACCT RAT 2
Protects against unreasonable searches and seizures
Excludes evidence that has been improperly or illegally seized
Right to remain silent.
Right to counsel
Right to due process
Brown v. Mississippi
Confession is admissible only if it is voluntary
Escobedo and Massiah deal with which Amendment?
Sixth - right to counsel
Miranda deals with which Amendment?
Fifth - right against self-incrimination
The fundamental issue in determining admissibility
Totality of circumstances
Courts view the circumstances and environment surrounding a suspect who gives a confession in determining the voluntariness.
The use of trickery or lying by an officer to obtain a confession....
Does not necessarily invalidate the confession
Two Miranda criteria
Setting must be custodial in nature
The interrogator must be a law enforcement officer or acting as an agent for one
Right to remain silent
Right against self-incrimination
Right to an attorney
Statements made after Miranda warning can be used later to impeach a defendants credibility at trial
Public safety (New York v. Quarles)
Edwards v. Arizona
Once a suspect invokes the right to counsel all further interrogation must cease.
Which Amendments require Miranda?
Fifth and Fourteenth
Do conversations between suspects and undercover agents require Miranda warnings?
Cervantes v. Walker four part test to determine whether custodial interrogation is taking place
Language used to summon the individual
Physical surroundings of the interrogation
Extent to which officials confront the prisoner with evidence of guilt
Whether officials exert any additional pressure to detain the individual
What must happen in order for trickery to be allowed during an interrogation?
When is there a trigger for Miranda in a private interrogation?
If there is government involvement
Detention where no arrest warrant has been issued
A void arrest warrant
In order for an employee to prove false imprisonment
An arrest/forcible detention took place
Arrest/imprisonment was caused by the company
Detention was unlawful or made without a warrant
There was malice on part of the company
Two forms of defamation of character
Slander or libel
False spoken statement
Untrue written statement
For an employee to establish they suffered defamation
Particular word were actually spoken
Prove that these word were spoken or published to third parties
The word written or spoken were false
For an employee to establish malicious prosecution
Employer instituted or continued a criminal proceeding
Proceeding was terminated in the employee's favor
No probable cause existed for initiating a proceeding
Employer's motive in initiating the proceeding was malice
Two forms of sexual harassment
Quid pro quo
Types of false confessions
Voluntary False Confessions
When a subject admits to an act without any external pressure
Reasons for voluntary false confessions
Morbid desire for notoriety
Unconscious need to expiate guilt over previous transgressions
Inability to tell fact from fantasy
Coerced Compliant False Confessions
Result from the subject obtaining some immediate gain. Usually to escape some difficult social situation
Coerced Internalized False Confessions
Individuals come to believe that they did commit the crime. Usually have no memory of the event.
Factors contributing to false confessions
Memory and intelligence
Failure to understand abstract thought
Behavioral differences from the general population
Suggestibility and compliance