Lecture 12 - 16.02.11

Lecture 12 - 16.02.11 - 16th February 2011 Psych 187B...

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16 th February 2011 Psych 187B – Lecture 12 Miranda and Confessions Police receive training on interviewing and interrogating but there are grey areas because you sometimes you are not sure if this person is just a witness or also the perpetrator. Some people like to use the same technique on everyone (sugar and spice method), by building these people up and making a semi-friendship with these people. Then they are more likely to confess to you. Ried (and Inbau) in the 1960s developed the technique for interrogating people you think have committed a particular crime. This pretend to be friendly and then is also confrontational. It is called the confrontation interrogation technique. There are 9 steps to it. Before the Interrogation – the Miranda Warning Rights revolution in the 60s, a guy named Ernesto Miranda was the accused and psychological domination was applied on him. The defense team complained to the courts about how he was treated. o Kept in the interrogation room for a long time. o The police lied about having information and evidence that they did not have They applied all this psychological coercion on him to make him confess. He really did do it, but he retracted his confession. This warning was the result of this case. You have the right to remain silent and if you cannot afford a lawyer, we will provide one for you (reading of your basic rights whenever police confront you with an accusation). This is because people do not always know their rights. 14 th Amendment - everyone having due process rights. But if you do not know these rights, how can you exercise them? So Miranda was about reading their rights to people so they know about it. Some refer to the 5 th Amendment when they talk about it (the right to remain silent) but this is only one element of Miranda. It is more about the 14 th amendment. When do Police Have to Read the Miranda Warning The police were not happy about this warning. They did not like telling people that they had the right to remain silent when they knew they had to interrogate them. “Custody” – would a reasonable person think they were under arrest. People have to be in custody or have to have begun being questioned, otherwise Miranda rights do not have to be read for a subsequent confession to be allowable in law. o The Miranda is only important when they ultimately confess. You would have to precede that with the Miranda warning or it would not be able to be used as proof in court. There are many situations where the Miranda warning is not necessary. If the Miranda warning needs to be read in a situation and it is not. Then the person confesses, but this cannot be used as evidence in court because the warning was not read. BUT this confession can be used if the defendant takes the stand on their own behalf (which they do not have to do) and did not say “I didn’t do it.” Then the prosecutor and the police can take out the recording even though it was gained outside of
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Lecture 12 - 16.02.11 - 16th February 2011 Psych 187B...

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