8/13/2019 Week 3 Discussion Questions

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It is also vital that the professional have the ability to figure out the mental, physical, and

emotional capacities and behaviors of the individual(s) that is being interviewed. They should}

in addition remember that they may be performing} an interview instead of an interrogation. It is

necessary they ask open-ended questions to be able to persuade} the individual to provide as

much details as they possibly can, rather than ask questions in an accusing approach. If the

professional goes into the interview having a distinct objective in mind, they should be able to

effectively direct the actual interview in a non-threatening approach.

It is also critical that the professional make sure to remain focused on the case whenever

inquiring questions. While preparing for the interview, the professional will be able to

familiarize themselves with all the details and facts concerning the case and should notate

appropriate questions that they may ask the person throughout the interview. Questions like what

occurred that day, who was involved in the situation, if there were any other witnesses to what

took place, the actual sequence regarding incidents which led up to exactly what occurred and

when those individual incidents transpired, and any other data that the individual may find as

relevant to the case should be asked.

In addition there are a number of other methods that happen to be just vital. Choosing

where you should perform the interview make a difference exactly how it will go because if the

individual does not feel at ease where they are, they are not going to want to discuss. Sometimes

it is necessary that the initial interview be performed at the scene of the offense when the data is

fresh within the mind of the witness, and then conducting any extra interviews at another time.

Gathering all of the witnesses personal information is vital as well to be able to contact them

whenever they are needed, or to locate them if and when they become a suspect in the case.

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Important characteristics to have when using these techniques for a successful interview are

empathy, communication, and professionalism.

These techniques are all important and affect the overall communication within the

criminal justice system by showing that the professional has done their job well by thoroughly

researching the case before the interview, acquiring any evidence that is necessary, and being

able to understand the feelings of guilt or innocence within the individual that is being

interviewed. By communicating effectively, the professional will allow the individual to speak as

much as possible without interrupting, listening intently, and taking thorough notes in order to

gather as much information as possible so as to help close the case successfully.

What is considered an admissible statement within the criminal justices

system? How do admissible statements affect the overall criminal justice

process? Is there a better solution to ensuring that statements that are

acquired are admissible? Explain.

The requirements for a statement to be considered admissible within the criminal justice system came

about as the result of a case that challenged the criminal justice system and their lack of respecting

suspects rights. This case led to what is known as Miranda rights and to the use of a four step test thatmust be completed before a suspect's statements can be admitted into evidence and considered

admissible in court. In order for the statements to be admitted into evidence, four questions have to be

answered affirmatively. These questions include: was the statement voluntary, was the Miranda

warning given, did the suspect waive their Miranda rights, and did the suspect waive their right

intelligently and voluntarily. Once a judge has heard the evidence regarding the statement, he or she

will make a decision as to whether the statement is admissible or not. However, if a suspect confesses

before they are given their Miranda rights when they are necessary to the situation, the statement

cannot be used as admissible evidence against the suspect in court. Although, the Supreme Court

deems that if the suspect testifies voluntarily and denies guilt, then the confession could be used in

order to dispute their credibility. One solution to ensuring that statements that are acquired are

admissible is to require that audio and video recording devices be present at all custodial interrogations

of suspects the entire time. This would make it difficult for suspects to be coerced or intimidated into

giving false statements.