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chap 12 outline for online

chap 12 outline for online - • Bruton violation occurs if...

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Chap 12 Outline CJS115 Vocab Incriminating statement – is any statement or conduct from which guilt of the crime can be inferred. Corpus delicti – proof that the crime was committed. Totality of the circumstances test – suspects vulnerabilities, interrogating factors, place of questioning, use of threats, promises, deception, lies or trickery used. Messiah Limitation – (Messiah v. United States) once adversary proceedings have commenced against an individual, he has a right to legal representation when the gov’t interrogates him. Important information Once someone is charged with a crime they have the 6 th amendment right to an attorney. If after the person is charged and gov’t would like to talk to the defendant the must know 1. their Miranda warnings 2. understood the warnings 3. suspect waived their rights and answered questions
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Unformatted text preview: • Bruton violation occurs if a confession by someone is used against a 2 nd person if the 2 nd person doesn’t have the opportunity to cross-examine the source. • Polygraph Testing cannot be ordered to take the test because compulsion would violate their 5 th amendment to self-incrimination. • California Rescue Doctrine was adopted in 1965 when officers questioned suspect without Miranda warning being issued to the suspect because of concern for the safety of the missing. (was challenged 1978 People v. Riddle, court said ok) 1. Urgency of need in that no other course of action promises relief. 2. The possibility of saving human life by rescuing a person whose life is in danger. 3. Rescue as the primary purpose and motive of the interrogators....
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  • Fall '07
  • Simon
  • Fifth Amendment to the United States Constitution, Miranda v. Arizona, Miranda warning, Self-incrimination, Right to silence, CJS115 Vocab Incriminating

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