Criminal Investigations, In Custody and Miranda Warnings

Discuss the differences between the terms interview and interrogation. Interviewing is talking to people, who are not suspects in a crime but who knows something and knows who is involved in the crime. Also getting their information, and asking questions to them, and knowing when to translate or interpret. The main people involved when getting information at a crime scene is the witnesses, criminal and the accuser (Orthman, Hess, 2013). Interrogation questioning of the suspects, once the suspect is known of their identity and where they reside the person who is the participant of the crime could make a statement, confession, refusal, corroborated with self-supporting documentation that could yield a guilty allegation or it could gather a determining guilt (Orthman, Hess, 2013).

Identify the rule when Miranda warnings are required. Most citizens believe that if they are arrested and not read their Miranda rights then they can leave without punishment, not the case what so ever. In situations that the police neglect to read a suspect their rights the prosecutor can’t use anything the suspect says and use it as evidence against them in court (Nolo Law for All, 2013). It doesn’t matter if the person is in an interrogation, on the street, in a bathroom, or downtown, and or at a sporting event.

Discuss the legal implications of the term in custody. If a person is in custody, under arrest, the police have to read them the Miranda Rights, especially if they want to question them and use it as evidence in their trial. If the person is not in custody, under arrest, the Miranda warning is not required and information the person gives will be used in a trial if the person is charged with the crime committed. In custody is usually ...

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...ls, less likely to make a false statement. Separate the witnesses so they can’t come together with their stories, which give the officers a chance to have real answers instead of having false reports. It’s not unusual to have a witness who is not ready to tell them what they have seen, in fear that they might have to appear in court and testify against the suspect and also which would take away from their job and making money and also they fear that the criminal will find way to strike back for their information (Orthman, Hess, 2013).

Works Cited

Nolo Law for All (2013). Miranda Rights What happens if Police Don’t Read your Rights.

Retrieved from http://www.nolo.com/legal-encyclopedia/police-questioning-Miranda-warnings-29930.html

Hess/Orthmann, C., & Matison/Hess, K. (2013). Criminal investigation. (Tenth ed., p.g 187-

192). New York: Delmar Cengage Learning