Individual Assignment Week 4
Discuss the difference between the terms interview and interrogation
The main differences, between interview and interrogation are that an interview is conducted in a friendly or socialable atmosphere where a witness is more comfortable physically and psychologically. However, when a possible suspect is questioned in an uncomfortable atmosphere, where he or she is under psychological stress and pressure, it is an interrogation. (Ncthakur, 2012)
Identify the rule when Miranda Warnings are required
When the police arrest a suspect and want to ask questions, the law in the United States requires law officials to issue specific warnings, (Miranda rights) to the person being arrested, or the statement will fail to be admitted into evidence. This rule and protocol was put in affect to properly protect the constitutional rights against forced self – incrimination and to secure the assistance of counsel in criminal proceedings. Even though these rights have been in effect since the signing of the Bill of Rights, the warnings incident to arrest developed 200myears later as a way of protecting the rights from encroachment by over aggressive law officials. (Ehow, 2012)
Discuss the legal implications of the term in custody
The term “In Custody” can be very flexible and may mean actual imprisonment, incarceration, physical imprisonment, and/or manual possession. In order for a person to be entitled to Habeas Corpus relief, which provides for release from unlawful confinement in violation of constitutional rights, he or she must be in custody. Custody in this context is the same as restraint of certain liberties, and does not always mean actual incarceration. People who are on probation or who have been released on parole are also in custody for purposes for Habeas Corpus proceedings.
Explain and discuss the recommended setting for an interrogation and interview