Crime scene

It’s not a question of what Buck does wrong, it’s what does he do right? The tampering of evidence, the wiping of the mirror, flushing the toilet, believing soap is drugs, the list goes on. I mean obviously this is a real exaggeration and I don’t think anyone in this day in age would pull stuff like this. I do believe mistakes are made. I mean let’s face it we are all human, but I do believe that officers are well trained today to handle many situations. I understand that new detectives will make mistakes, but nothing like Mr. Savage. If you have a good department the sergeant is usually there to assist with any questions you have. Unlike Mr. Savage who did not get any info or briefing from his Sgt. because he thought he would be able to figure it out himself. I think there may be some officers who falsify evidence for their own personal gain, but let’s not take away from the men and women who do an outstanding job. There are always going to be a few bad apples in the bunch. I think to help prevent these situations you get competent, educated officers who take pride in their job and look out for the well-being of the person affected. Having officers attend more training and schooling and having them stay up to date with new laws and procedures will lead to build stronger cases and more convictions. 

Massachusetts Court System

http://www.mass.gov/courts/docs/sjc/docs/court-sys-chart-2012.pdf

Polygraph

Should lie detector tests be admissible in court?  How can polygraphs assist police in finding a suspect? When are they misused?

I do think that lie detector tests should be admissible in court because it is a great piece of evidence to help solve cases, catch the right people, so on and so forth. Even though many states do not allow lie detectors to be admissible in court, with the right technique and questioning on a specific issue test, the accuracy is well over 90% which is a huge number that should stand out to the criminal justice world.

Poly graphs can help police catch the right people because of the power it brings. For example; you have several suspects in for questioning but are unsure who is lying. The poly graph will help you narrow down that individual to help solve your case.

Poly graphs are misused when people or operators do not follow the proper protocol when using such a device. This causes errors and wrong results which may end up giving you the wrong suspect.

Cognitive Interview Steps

In the first step of the video states you want to let the person being interviewed do most of the talking and to not interrupt them so that they may use their own words and memory. The article is somewhat in line with the video, but the video never talks about advising, requesting, ensuring, or having them face a blank wall or closing your eyes to recall specific events like the article does. The article requests that they tell you everything no matter how minor, advises them that they may mention anything that comes to mind even if out of context or chronological order, ensures complete privacy throughout the interview, and asks the subject to face a blank wall (or close their eyes) as this will help them recall specifics about the incident.

The second step of the video asks the interviewee to remember specifics before the event. This step is where they suggest they close their eyes and remember specifics. This is in line with the article which reconstructs all aspects of the scene "mentally" using questions to help them visualize who, what, where, when, why and how like for example time of day, day of week, general location, environment, specific location, distances.

The video never mentions anything about the other three steps like the article does. The article goes into further breakdown having adding three more steps to the process which are conducting a free-format interview, reverse order, which is having the subject recall his/her statement in reverse chronological order, or a change perspective which is having the witness mentally put themselves in the shoes of someone else, or put themselves in a different area of the scene and tell you what happened. What the video does do is combine these steps into 2 steps which are the only steps in the video. The video and articles have the same principles, but the video just combines everything into two steps instead of five. 

Can you re-approach someone after they have asked for an attorney during questioning?

Once someone exercises their right to an attorney you cannot re-approach them unless you approach them with their attorney present. Any information obtained without the presence of his/her lawyer will be thrown out.

Can you continue to ask questions of a suspect if they say they don’t want to talk?

Yes you can continue to ask questions of a suspect if they don’t want to talk unless they don’t want to talk because they want their attorney.

What would be an exception to when Miranda would not have to be read?

Under circumstances of extreme emergency where the possibility of saving a life of a missing victim exists, non-coercive questions may be asked of a material witness in custody, even though the answers to the questions may incriminate the witness. People v. Riddle

Other exceptions are traffic stops after asking for license and registration and not receiving satisfactory answers you ask where they are going to/ from. It is not in- custody interrogation.

Implied consent laws in DWI cases where they must submit to breath, blood, or urine tests. Fingerprints, photographs for identification purposes are also exceptions.

Does a police officer need to read Miranda to a suspect immediately?  What is the benefit of waiting or doing it immediately?

No, a police officer does not need to read Miranda to a suspect immediately. The benefit to waiting is that anything said will be admissible in court because you are not questioning them, just letting them talk if they want to.

If a suspect says “I don’t want to talk to you, but I will.”  Is that a waiver of Miranda?  Would a confession be admissible in court?

No, that is not a waiver of Miranda. If he/she does not want to talk later on you may approach them again to see if they want to talk. Yes a confession would be admissible because he/she did not waive their right to Miranda. They just didn't want to talk.

What Constitutional Amendments guarantee a suspect his rights?

The Fifth Amendment to the U.S. Constitution prevents people from being forced to incriminate themselves. The U.S. Supreme Court described this right as “a mainstay of our adversary system of criminal justice.” Under the adversary system, the state and the person in custody are on opposing sides and the advantage is generally with the more powerful party (in other words, the government). The Supreme Court emphasized in the Miranda case that reading a person his rights before questioning counter-balances the inherently coercive environment of a police station or in-custody interrogation.

Sixth Amendment-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Do you think that Miranda should still be read since most people are aware of the rights provided in Miranda?

Yes, I do believe that it should be read because we cannot assume that everyone knows Miranda. This just takes the questioning of one’s knowledge towards it and covers the officer as well as any statements that can be used in court for a conviction.