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9781928916161

Criminal Interrogation

by
  • ISBN13:

    9781928916161

  • ISBN10:

    1928916163

  • Edition: 4th
  • Format: Paperback
  • Copyright: 2001-01-01
  • Publisher: Wadsworth Publishing
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Summary

Rutledge combines the legal analysis of a prosecuting attorney with the practical experience of a former police officer. He offers dozens of tactical tips in "plain talk." CRIMINAL INTERROGATION covers every aspect of Miranda. Rutledge makes sense of Supreme Court decision issues, while convincingly dispelling many "Miranda myths" that have haunted officers for years. This text is an excellent supplemental reader to expand on the topic of interrogation. Your students will come away with a superior understanding of this difficult art.

Table of Contents

To the Reader ix
The Lost Art of Interrogation
1(6)
Whatever happened to the highest expression of the peace officer's science?
How easily could it be renewed?
Interrogation and the 4th Amendment
7(8)
Under what circumstances is a statement inadmissible as resulting from an unreasonable search or seizure?
How can officers prevent problems in this area?
Interrogation and the 5th Amendment
15(10)
A discussion of the often-misunderstood rationale of the Miranda decision
The Miranda ``monster'' is reduced to manageable proportions
Custody
25(14)
Supreme Court decisions are used to explain the definition of ``custody'' for Miranda purposes
Some surprising rulings reveal that many in law enforcement may be giving the Miranda warning far more frequently than the law requires
Interrogation and Its Functional Equivalent
39(8)
Additional court decisions and examples show when a suspect is---and is not---being questioned for Miranda purposes
Giving the Warning
47(10)
Who has to be warned?
When?
How often?
How precise must the wording be?
What are the exceptions?
Invoking
57(10)
How can an officer differentiate various---often ambiguous---responses from the suspect?
When are ``clarifying questions'' permissible?
Under what circumstances can discussions be resumed after an invocation of rights?
Waiver
67(10)
What are the conditions of a valid waiver?
What precautions must an officer take to avoid invalidating the waiver?
What are the two rights which must be waived before custodial interrogation begins?
Interrogation and the 6th Amendment
77(14)
Why is a statement sometimes inadmissible under the 6th Amendment, although Miranda did not apply or was complied with?
When does the 6th Amendment attach?
How is it violated?
What are the precautions?
Interrogation and the 14th Amendment
91(16)
A neglected area of interrogation law is explained with numerous examples and decisions
Topics include voluntairness and capacity prob-lems which frequently cause statement to be ex-cluded from trial
Proper techniques are listed
Strategy: Your Objectives
107(13)
Many interrogators fail to get all they should from a suspect who waives his rights, including the three ingredients of a criminal prosecution, confessions vice admissions, sealing off defense theories, and more
Strategy: Suspect Evaluation
120(7)
What a successful interrogator knows and learns about his adversary---the suspect---can make it easier to attain the objectives
Strategy: Your Tactics
127(26)
Dozens of considerations to increase the chances of obtaining a Miranda waiver and an admissible cop-out; four psychological ploys to eliminate the suspect's defenses; motivating factors to produce a truthful confession; tips on practicing and refining the art of interrogation
Proof Techniques
153(10)
Factors which make all the difference between getting a cop-out, and proving it in court; technical tips for taping confessions or taking written statements; the advantages of double taping; reportwriting and testifying considerations
Post Script 163(2)
Table of Cases 165

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