ACCT 5553 RAT 2
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- Protects against unreasonable searches and seizures
- Exclusionary clause
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
- Other facts
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
- Hostile environment
Types of false confessions
- Coerced Compliant
- Coerced Internalized
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
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