CJE-3612 Lecture 7.pptx - Chapter 7 Preparation and...

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Chapter 7 Preparation and Starting the Interview
Legality of guilt or innocence. Guilt – is a finding by a judge or jury makes a determination that the accused is guilty of their crime. Innocence – is how subject is viewed until proven guilty beyond a reasonable doubt in a court of law. An investigator’s use of guilt or innocence is not a legal definition but an opinion based on evidence or information that makes the investigator believe the suspect either committed or did not commit the crime. I.e. probable cause.
Probable cause Probable cause exists when facts and circumstances are sufficient within themselves to lead a reasonable person to believe that a crime has been committed, is being committed, or is about to be committed and the person(s) accused appear to be the person(s) responsible.
Formal v. Informal The differentiation is primarily controlled by the environment it is conducted in. One that is non-supportive of the suspect and in a controlled environment such as at the police station is a formal interview. One that is in a non-controlled environment by the investigator such as an office or suspect’s home and is restricted to asking basic facts that they may possess is an informal interview.
Custodial, non- custodial and functional equivalent.

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