ACCT 5553 RAT 2

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  1. Fourth Amendment
    • Protects against unreasonable searches and seizures
    • Exclusionary clause
  2. Exclusionary Clause
    Excludes evidence that has been improperly or illegally seized
  3. Fifth Amendment
    Right to remain silent.
  4. Sixth Amendment
    Right to counsel
  5. Fourteenth Amendment
    Right to due process
  6. Brown v. Mississippi
    Confession is admissible only if it is voluntary
  7. Escobedo and Massiah deal with which Amendment?
    Sixth - right to counsel
  8. Miranda deals with which Amendment?
    Fifth - right against self-incrimination
  9. Voluntariness is...
    The fundamental issue in determining admissibility
  10. Totality of circumstances
    Courts view the circumstances and environment surrounding a suspect who gives a confession in determining the voluntariness.
  11. The use of trickery or lying by an officer to obtain a confession....
    Does not necessarily invalidate the confession
  12. Two Miranda criteria
    • Setting must be custodial in nature
    • The interrogator must be a law enforcement officer or acting as an agent for one
  13. Miranda rights
    • Right to remain silent
    • Right against self-incrimination
    • Right to an attorney
  14. Miranda exceptions
    • Statements made after Miranda warning can be used later to impeach a defendants credibility at trial
    • Public safety (New York v. Quarles)
  15. Edwards v. Arizona
    Once a suspect invokes the right to counsel all further interrogation must cease.
  16. Which Amendments require Miranda?
    Fifth and Fourteenth
  17. Do conversations between suspects and undercover agents require Miranda warnings?
  18. 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
  19. What must happen in order for trickery to be allowed during an interrogation?
    Miranda warning
  20. When is there a trigger for Miranda in a private interrogation?
    If there is government involvement
  21. False imprisonment
    • Detention where no arrest warrant has been issued
    • A void arrest warrant
  22. 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
  23. Two forms of defamation of character
    Slander or libel
  24. Slander
    False spoken statement
  25. Libel
    Untrue written statement
  26. 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
  27. 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
  28. Two forms of sexual harassment
    • Quid pro quo
    • Hostile environment
  29. Types of false confessions
    • Voluntary
    • Coerced Compliant
    • Coerced Internalized
  30. Voluntary False Confessions
    When a subject admits to an act without any external pressure
  31. Reasons for voluntary false confessions
    • Morbid desire for notoriety
    • Unconscious need to expiate guilt over previous transgressions
    • Inability to tell fact from fantasy
  32. Coerced Compliant False Confessions
    Result from the subject obtaining some immediate gain. Usually to escape some difficult social situation
  33. Coerced Internalized False Confessions
    Individuals come to believe that they did commit the crime. Usually have no memory of the event.
  34. Factors contributing to false confessions
    • Age
    • Memory and intelligence
    • Failure to understand abstract thought
    • Behavioral differences from the general population
    • Suggestibility and compliance
Card Set:
ACCT 5553 RAT 2
2011-05-18 01:45:55

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