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 39 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?

Thyroid conditions may make getting pregnant impossible.

Did you know?

More than one-third of adult Americans are obese. Diseases that kill the largest number of people annually, such as heart disease, cancer, diabetes, stroke, and hypertension, can be attributed to diet.

Did you know?

There are immediate benefits of chiropractic adjustments that are visible via magnetic resonance imaging (MRI). It shows that spinal manipulation therapy is effective in decreasing pain and increasing the gaps between the vertebrae, reducing pressure that leads to pain.

Did you know?

For pediatric patients, intravenous fluids are the most commonly cited products involved in medication errors that are reported to the USP.

Did you know?

Though methadone is often used to treat dependency on other opioids, the drug itself can be abused. Crushing or snorting methadone can achieve the opiate "rush" desired by addicts. Improper use such as these can lead to a dangerous dependency on methadone. This drug now accounts for nearly one-third of opioid-related deaths.

For a complete list of videos, visit our video library