Author Question: Explain the concept of deliberate elicitation. What will be an ideal ... (Read 81 times)

itsmyluck · **on:** Aug 17, 2018

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?

soda0602 · **Reply #1 on:** Aug 17, 2018

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.