Criminal Investigation Charles Swanson 12e - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Criminal Investigation, 12e (Swanson) Chapter 5 Interviewing and Interrogation 1) Which of the following is not one of the four commonly recognized objectives in the interrogation process? A) To …
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Criminal Investigation, 12e (Swanson)
Chapter 5 Interviewing and Interrogation
1) Which of the following is not one of the four commonly recognized objectives in the interrogation process?
Answer: B
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2) Once witnesses have been identified, they should be separated from one another and, as much as possible, isolated from other people who may be nearby. Why?
Answer: A
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3) As a rule, cold, sleepy, hungry, or physically uncomfortable, or intoxicated people prove to be:
Answer: C
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4) Which of the following is a good characteristic of a traditional interrogation room?
Answer: A
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5) When conducting an interrogation, the interrogator should:
Answer: A
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6) Which of the following is one of the best practices to be followed when interviewing individuals who are deaf or hard of hearing?
Answer: C
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7) The term ________ refers to a witness’s personal qualifications for testifying in court.
Answer: C
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8) Identify a true statement about the competency of a witness.
Answer: D
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9) Which of the following factors influences a person’s ability to give a complete account of an event or to identify people accurately?
Answer: D
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10) Which of the following is the best form of documenting an interview?
Answer: D
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11) Prior to 1936, the test for the validity and admissibility of a confession or admission was its:
Answer: B
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12) The first notable incidence of U.S. Supreme Court intervention into interrogation practices came about in Brown v. Mississippi, in 1936. The decision of the Supreme Court in this case was that:
Answer: B
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13) Which of the following constitutional guarantees is addressed in the Escobedo and Miranda cases?
Answer: A
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14) Which of the following is a right contained in the Miranda decision?
Answer: D
Page Ref: 153
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15) What are the possible responses when a suspect is asked if they wish to talk to the police?
Answer: D
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16) In which case did the U.S. Supreme Court emphatically state that once a suspect has invoked the right to remain silent, interrogation must terminate?
Answer: A
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17) It is important for an investigator to create a(n) ________ for the witnesses and suspects that they are questioning.
Answer: B
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18) Which of the following is a specific behavior that interrogators must consider when detecting deception?
Answer: B
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19) The polygraph measures:
Answer: A
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20) The primary purpose of a polygraph examination according to the textbook is to:
Answer: A
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21) The three most common findings by a polygraph examiner are:
Answer: C
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22) What device notes microvariations in the audible and nonaudible portions of speech?
Answer: C
Page Ref: 164
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23) In interviewing, establishing rapport with the person to be questioned is important, but its importance wanes when interrogating a suspect.
Answer: FALSE
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24) Eyewitness testimony is heavily used in criminal proceedings but research has found it to be very unreliable.
Answer: TRUE
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25) Eyewitness identifications take place in a social context in which a witness’s own personality and characteristics, along with those of the target observed, are as critical as factors relating to the situation or environment in which the action takes place.
Answer: TRUE
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26) Interrogation by an investigator must stop after a suspect requests counsel.
Answer: TRUE
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27) A suspect who has waived his or her rights is not free to withdraw that waiver at any time.
Answer: FALSE
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28) In Duckworth v. Eagen (1989), the Supreme Court held that it was not necessary that Miranda warnings be given in the exact form described in the Miranda decision.
Answer: TRUE
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29) Custody occurs when a person is deprived of his or her freedom in any significant way or is not free to leave the presence of law enforcement.
Answer: TRUE
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30) The Supreme Court ruled in Berkemer v. McCarty that Miranda requirements apply to the interrogation of an arrested person regardless of whether the offense is a felony or a misdemeanor.
Answer: TRUE
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31) Interrogation includes any express questioning or any verbal or nonverbal behavior by a law enforcement officer that is designed to elicit an incriminating statement or response from the suspect of a crime.
Answer: TRUE
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32) Miranda warnings must always precede routine booking questions that are asked in order to obtain personal-history data necessary to complete the booking process.
Answer: FALSE
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33) Research on the accuracy of the polygraph varies, roughly from 64% (laboratory studies) to 98% (“real world” use).
Answer: TRUE
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34) A(n) ________ is designed to match acquired information to a particular suspect in order to secure a confession.
Answer: interrogation
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35) The reluctance of victims to report incidents to the police or to assist in the prosecution of offenders may be the result of ________, or the belief that the criminals might retaliate against them for cooperating with police.
Answer: witness intimidation
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36) Two primary concerns are raised by ________ during an interview: it may occasionally be distracting or suspicious to a witness; and witnesses may be reluctant to give information knowing that it is being documented.
Answer: note-taking
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37) ________ laws allow the police to record without informing the suspects.
Answer: One-party consent
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38) ________ are those in which innocent but vulnerable suspects confess and come to believe they committed the crime in question.
Answer: Internalized false confessions
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39) In order for a confession to be acceptable in court, it must be ________ and voluntarily given.
Answer: freely
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40) The McNabb-Mallory cases set forth the ________ rule that is only applicable in federal prosecutions.
Answer: delay-in-arraignment
Page Ref: 152
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41) In the context of specific behaviors to consider while detecting deception, when people place their outstretched arms in front of their bodies, with palms up, this is known as the ________ position.
Answer: rogatory
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42) Discuss the similarities and differences between interviews and interrogations.
Answer: The success of an interview or interrogation depends on a number of personal characteristics and commitments of the investigator. Planning for and controlling the events surrounding both interviews and interrogations are important but are generally viewed as more critical to the success of an interrogation. Establishing rapport, asking good questions, listening carefully, and keeping proper documentation are elements common to both forms of obtaining information. Besides the difference in purpose between interviewing and interrogation, many other distinctions exist. Of paramount importance are the myriad legal requirements that pertain to interrogations but are absent in interviews. Because of the criticality of confessions and their use in obtaining convictions, it is not surprising that numerous legal guidelines and standards apply in interrogations that would not be needed in interviewing witnesses or victims; these are all discussed in greater detail later in this chapter. Also, it is far more likely that a hostile and adversarial relationship will exist between an interrogator and a suspect than between an interviewer and a victim or witness.
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43) What are the qualifications required of an effective interviewer or interrogator?
Answer: An effective interviewer or interrogator must be knowledgeable in the art and science of criminal investigation and know how to use psychology, salesmanship, and dramatics. Persuasiveness and perseverance are essential to success. The interviewer or interrogator must make himself or herself easy to talk to. By the appropriate use of vocal inflection, modulation, and emphasis, even the Miranda warnings can be presented to a suspect in such a way as not to cause the suspect to immediately assume a defensive posture. The words can be spoken without creating an adversarial atmosphere. The interviewer or interrogator must have a flexible personality and must be able to convey empathy, sympathy, anger, fear, and joy at appropriate times, but must always remain objective. The interviewer or interrogator must keep an open mind and be receptive to all information, regardless of its nature. A positive, firm approach, an ability to inspire confidence, and knowledge of a broad range of topics of general interest all help establish dominance or control in an interview.
Page Ref: 137
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44) How does an investigator prepare for an interview or an interrogation?
Answer: The interrogator must learn as much as possible about the offense, the victim(s), and the suspect(s) through the process of collecting, assessing, and analyzing data and theorizing about the motivations and thought processes of the suspect. This begins the formulation of a profile, which will then dictate the initial approach the interrogator will take upon first contacting the suspect.
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45) What factors motivate witnesses to give or withhold information?
Answer: Some witnesses may be honest and cooperative and desire to impart information in their possession to the investigator. Despite these admirable qualities, however, the information may still be affected by other factors that influence all witnesses, such as age, physical characteristics, and emotions. It may be wise in most circumstances to interview this type of witness first to obtain basic information, which can then be compared with stories acquired later. Some witnesses may desire not to give any information in an interview regardless of what they may know. Some witnesses may be reluctant to cooperate or be suspicious of the motives of the interviewer until a rapport is established and the investigator can assure the witness of his or her good intentions.
Page Ref: 141
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46) Identify some of the best practices to be followed while interviewing individuals with mobility impairments and cognitive disabilities.
Answer: Some of the best practices to be followed while interviewing individuals with mobility impairments include the following:
(1) If possible, put yourself at the wheelchair user’s eye level.
(2) Do not lean on a wheelchair or any other assistive device.
(3) Never patronize people who use wheelchairs by patting them on the head or shoulders.
(4) Do not assume the individual wants to be pushed—ask first.
(5) Offer assistance if the individual appears to be having difficulty opening a door.
(6) If you telephone the individual, allow the phone to ring longer than usual to allow extra time for the person to reach the telephone.
Some of the best practices to be followed while interviewing individuals with cognitive disabilities include the following:
(1) If you are in a public area with many distractions, consider moving to a quiet or private location.
(2) Be prepared to repeat what you say, orally or in writing.
(3) Offer assistance completing forms or understanding written instructions and provide extra time for decision-making. Wait for the individual to accept the offer of assistance; do not “over-assist” or be patronizing.
(4) Be patient, flexible, and supportive. Take time to understand the individual and make sure the individual understands you.
Page Ref: 142-143
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47) What criteria will affect the competency of a witness?
Answer: Among the factors an investigator must evaluate in determining the competency of a witness are age, level of intelligence, mental state, relationship to individuals involved in the case, and background characteristics that might preclude the testimony of the witness from being heard in court.
Page Ref: 143
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48) Despite the amount of reliance placed on information supplied by eyewitnesses, what are the facts as it relates to their reliability? Why?
Answer: Eyewitness identification and description is regarded as the most unreliable form of evidence and causes more miscarriages of justice than any other method of proof. Research and courtroom experience provide ample evidence that an eyewitness to a crime is being asked to be something and do something that is not easily accomplished. Human perception is sloppy and uneven.
Page Ref: 143
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49) Define competency and how it could impact a witness’s testimony.
Answer: The term “competency” refers to a witness’s personal qualifications for testifying in court. Competency must be established before a witness is permitted to give any testimony. The witness’s personal qualification depends on circumstances that affect his or her legal ability to function as a sworn witness in court. Competency has nothing to do with the believability of a witness’s information. Among the factors an investigator must evaluate in determining the competency of a witness are age, level of intelligence, mental state, relationship to individuals involved in the case, and background characteristics that might preclude the testimony of the witness from being heard in court.
Page Ref: 143
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50) What are the response strategies for addressing witness intimidation?
Answer: The following response strategies provide a foundation for addressing witness intimidation.
(1) Form multi-agency partnerships. The appropriate party to address the threat of witness intimidation may change as a case moves through the criminal justice system.
(2) Strengthen ties between police and the community. Fostering cooperation of reluctant witnesses is a natural extension of community policing and community prosecution, which focus on engaging residents in preventing and responding to crime.
(3) Minimize the risk of witness identification when reporting crime or offering statements. This is particularly true in neighborhoods where communitywide intimidation is a factor and residents may hesitate to cooperate with police at the scene of a crime, because they fear being labeled as an informant or a “rat.” As a result, methods for reporting crime or offering witness statements that do not make cooperation obvious to observers are sometimes needed.
(4) Reduce the likelihood of contact between witnesses and offenders. Most often, acts of intimidation are committed at a witness’s home, workplace, or school, or during the normal course of the witness’s daily activities. Minimizing the opportunities and avenues by which witnesses come into contact with offenders can reduce the incidence of intimidation.
(5) Transport witnesses to and from work and school. Many witnesses feel vulnerable when traveling to and from work or school, or while attending to their business in the community. Police escorts during these times can deter offenders from making contact. However, such protection schemes consume significant police resources and may not be feasible for broad application.
(6) Keep witnesses and defendants separated at the courthouse. Other than at home, witnesses are most often intimidated in the courthouse, both while waiting to testify and while in the courtroom giving testimony. Not only must witnesses endure a face-to-face encounter with the defendant, but they may also be apprehensive about contact with the defendant’s family and friends.
(7) Relocate witnesses. Because it is unusual for offenders to travel outside their neighborhoods to intimidate witnesses, simply moving a witness to another location may effectively protect him or her from harm.
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51) Discuss why people confess to crimes.
Answer: It is human nature to talk. Most people cannot keep a secret. It has been estimated that 80 percent of all people will confess to a crime. There are two basic categories of people who tend to confess to crimes: (1) guilty parties who psychologically need to “get if off their chest” and (2) persons who are not guilty but who act under some urge to confess. The psychological and physiological pressures that build in a person who has committed a crime or who suffers from feelings of guilt concerning any other type of conduct are best alleviated by communicating.
Page Ref: 149
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52) What requirements are imposed on law enforcement by Miranda v. Arizona?
Answer: The Supreme Court, in a five to four decision, spelled out the requirements and procedures to be followed by officers when conducting in-custody interrogation of a suspect. These rights include the following:
Page Ref: 152-153
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53) What is the evidentiary test for admissibility of confessions and admissions?
Answer: The test for admissibility of confessions is called the free and voluntary rule. Subsequent to the Brown v. Mississippi (1936) decision, the Supreme Court, in a succession of cases, has continued to reinforce its position that any kind of coercion, whether physical or psychological, would be grounds for making a confession inadmissible as being a violation of the free-and-voluntary rule. This includes such conduct as threatening bodily harm to the suspect or members of the suspect’s family, using psychological coercion, engaging in trickery or deceit, or holding a suspect incommunicado. Investigators are also cautioned about making promises to the suspect that cannot be kept.
Page Ref: 151-152
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