This topic contains a solution. Click here to go to the answer

Author Question: Explain the concept of deliberate elicitation. What will be an ideal ... (Read 66 times)

itsmyluck

  • Hero Member
  • *****
  • Posts: 546
Explain the concept of deliberate elicitation.
 
  What will be an ideal response?

Question 2

Citing relevant cases, distinguish between custody and interrogation, for Miranda purposes.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

soda0602

  • Sr. Member
  • ****
  • Posts: 313
Answer to Question 1

Deliberate elicitation is a tactic in which officers create a situation likely to induce a suspect into making an incriminating statement.

Answer to Question 2

A person is clearly in custody once they have been arrested, but what about a lesser intrusion? Unfortunately, there is no easy answer to this question. In determining whether a person is in custody, the Supreme Court has held that the only relevant inquiry is how a reasonable man in the suspect's position would have understood his situation (Berkemer v. McCarty, 468 U.S. 420 1984). The question of whether a person is in custody for Miranda purposes has been considered in a number of contexts.
Miranda defined interrogation as questioning initiated by law enforcement officers.
Then, in Rhode Island v. Innis, 446 U.S. 291 (1980), the Court noted that interrogation must reflect a measure of compulsion above and beyond that inherent in custody itself. Thus, any questions that tend to incriminatethat is, those that are directed toward an individual about his or her suspected involvement in a crimeare considered interrogation.



itsmyluck

  • Hero Member
  • *****
  • Posts: 546
Both answers were spot on, thank you once again



soda0602

  • Sr. Member
  • ****
  • Posts: 313
Great! Please up vote :D



 

Did you know?

Children of people with alcoholism are more inclined to drink alcohol or use hard drugs. In fact, they are 400 times more likely to use hard drugs than those who do not have a family history of alcohol addiction.

Did you know?

All adverse reactions are commonly charted in red ink in the patient's record and usually are noted on the front of the chart. Failure to follow correct documentation procedures may result in malpractice lawsuits.

Did you know?

There are more sensory neurons in the tongue than in any other part of the body.

Did you know?

Pink eye is a term that refers to conjunctivitis, which is inflammation of the thin, clear membrane (conjunctiva) over the white part of the eye (sclera). It may be triggered by a virus, bacteria, or foreign body in the eye. Antibiotic eye drops alleviate bacterial conjunctivitis, and antihistamine allergy pills or eye drops help control allergic conjunctivitis symptoms.

Did you know?

Most strokes are caused when blood clots move to a blood vessel in the brain and block blood flow to that area. Thrombolytic therapy can be used to dissolve the clot quickly. If given within 3 hours of the first stroke symptoms, this therapy can help limit stroke damage and disability.

For a complete list of videos, visit our video library