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Interrogation. By: Kori Freyermuth James M usgrave . What is Interrogation??. Formal or systematic questioning In need of a replay Very direct questions To get the truth out. . Interrogation. No law prohibits a private person from engaging the conversation with the participant.
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Interrogation By: KoriFreyermuth James Musgrave
What is Interrogation?? • Formal or systematic questioning • In need of a replay • Very direct questions • To get the truth out.
Interrogation • No law prohibits a private person from engaging the conversation with the participant. • Public law enforcement the information might not be admissible in the court. • The statements made voluntarily. • These statement is not trustworthy and that’s why its inadmissible in court. • The principles applied equally to police officers and private citizens. • If a confession obtain from an employee by threatening or using a type of physical harm would be in inadmissible and liable for civil and criminal prosecution.
Interrogation • Classic cases that involved interrogation that was applied only with public law enforcement officers. • The cases were Escobedo v. State of Illinois and Miranda V. Arizona. • As for today Miranda case is the leading case to the us Americans to have our “RIGHTS”
Miranda v. Arizona facts • On March 13, 1963 Ernesto Miranda was arrested and taken to the police station in Phoenix. • He was questioned by two police officers (Miranda’s trial) and the police officers did not advised him that he could have a lawyer present during the questioning. (admitted) • This interrogation lasted about two hours and they got an confession. • The statement that Miranda confession made “With full knowledge of my legal right, understanding any statement I make may be used against me.”
Continue • The confession was admitted to evidence over defense objections during the trial. • Miranda was convicted of kidnapping and rape. • Appeal from Arizona Supreme Court upheld the conviction because he was not indicated proper counsel. Then they reverse the decision based on the facts that Miranda was not informed the rights to have an attorney or the right protect himself.
Principle behind the Miranda v. Arizona decision • Removal of compulsion from custodial questioning (questioning initiated by law enforcement officers that was taking into custody and was denied freedom) • These officers have to show the statements made by the accused to inform the facts for it can be used in court. Attorney can be present even if you can not afford one you would be appointed one prior to the questioning. • Miranda warnings are not necessary unless the person is in custody or denied freedom or need to be interrogated. (need to be public law enforcement officers)
Harsch Interrogation • First interrogation methods were approved in March 2002. • There were 6 techniques given by CIA that were used in 2002.
Attention Grab • The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
Attention slap • An open-handed slap aimed at causing pain and triggering fer.
Bell Slap • A Hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
Long Time Standing • This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
Cold Cell • The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
Waterboarding • The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner's face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.
Waterboarding cont…. • CIA officers tested on themselves and only lasted an average of 14 seconds. • al Qaeda's toughest prisoner, Khalid Sheik Mohammed, was able to last between two and two-and-a-half minutes before begging to confess.
Cited • http://www.all-about-forensic-psychology.com/interrogation.html • http://colbycriminaljustice.wikidot.com/interview-and-interrogation • Book pages 124-126 • http://www.theatlantic.com/magazine/archive/2003/10/the-dark-art-of-interrogation/2791/