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

Author Question: Distinguish between custody and interrogation. What will be an ideal ... (Read 37 times)

Pea0909berry

  • Hero Member
  • *****
  • Posts: 573
Distinguish between custody and interrogation.
 
  What will be an ideal response?

Question 2

When are Miranda Warnings required?
 
  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

alvinum

  • Sr. Member
  • ****
  • Posts: 317
Answer to Question 1

Custody - Typically an arrest.
Interrogation - Express questioning (for example, Where were you on the night of the crime?) or the functional equivalent of a question. The definition of interrogation is important in the Miranda context because Miranda warnings do not need to be read if a person is not technically interrogated.

Answer to Question 2

Many people believe that Miranda rights apply whenever the police begin to question a person. This is not the case; if the person being questioned is not in custody, Miranda rights do not apply. Simple police questioning, or even a full-blown interrogation, is not enough to trigger the protections afforded by the Fifth Amendment. For Miranda protection to apply, the person subjected to such questioning must be in police custody.




alvinum

  • Sr. Member
  • ****
  • Posts: 317

 

Did you know?

Astigmatism is the most common vision problem. It may accompany nearsightedness or farsightedness. It is usually caused by an irregularly shaped cornea, but sometimes it is the result of an irregularly shaped lens. Either type can be corrected by eyeglasses, contact lenses, or refractive surgery.

Did you know?

The effects of organophosphate poisoning are referred to by using the abbreviations “SLUD” or “SLUDGE,” It stands for: salivation, lacrimation, urination, defecation, GI upset, and emesis.

Did you know?

Colchicine is a highly poisonous alkaloid originally extracted from a type of saffron plant that is used mainly to treat gout.

Did you know?

GI conditions that will keep you out of the U.S. armed services include ulcers, varices, fistulas, esophagitis, gastritis, congenital abnormalities, inflammatory bowel disease, enteritis, colitis, proctitis, duodenal diverticula, malabsorption syndromes, hepatitis, cirrhosis, cysts, abscesses, pancreatitis, polyps, certain hemorrhoids, splenomegaly, hernias, recent abdominal surgery, GI bypass or stomach stapling, and artificial GI openings.

Did you know?

A cataract is a clouding of the eyes' natural lens. As we age, some clouding of the lens may occur. The first sign of a cataract is usually blurry vision. Although glasses and other visual aids may at first help a person with cataracts, surgery may become inevitable. Cataract surgery is very successful in restoring vision, and it is the most frequently performed surgery in the United States.

For a complete list of videos, visit our video library