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Interrogation inherently involves PERSUASION or PRESSURE. The ultimate
goal of interrogation is to obtain a confession, or at least an admission
(soft confession)..., anything that would implicate the suspect in
criminal behavior. It can safely be assumed nobody would voluntarily
implicate themselves to police, but interrogation necessarily involves
persuading or convincing a person that it would be in their best interests
to do so. Interrogation is changing a person's mind so that they want
to tell the police everything they did wrong, and getting them to
help convict themselves.
Typically, detectives begin by making eye contact and engaging in idle conversation or chit-chat with the suspect in a sparsely-furnished room. The Miranda warnings are given if they haven't been given already. Next, the detective states that it is their job to discover the truth and they usually share some piece of evidence in the case at this point. Negative incentives are usually used first -- in an attempt to get the subject to confess because they would certainly lose any battle in court. The future is made to look bleak for the suspect. Positive incentives are then usually turned to -- in an attempt to get the suspect to feel better if they confess. The whole process is a kind of mind twist in which the suspect becomes convinced that everything they thought wasn't so bad and offered them some good hope becomes the most evil and bad thing in the world, and that everything they thought was bad or looked down on - like snitching to the police - becomes the most good and beautiful thing on Earth.
REMEMBER......YOU HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING.....DO NOT GIVE UP YOUR RIGHTS
Miranda warnings are "triggered", or apply and have to be read, if TWO elements are present: CUSTODY and INTERROGATION. Both are more difficult to define than what might appear at first glance. It is important to note that BOTH elements must be present at the same time, what might be called CUSTODIAL INTERROGATION, although for purposes of understanding, we will treat each term separately.
CUSTODY is the Miranda equivalent of arrest. It does not include traffic stops or brief field interviews based on reasonable suspicion. Nor does it apply to telephone calls, since the suspect is always free to hang up. There is no litmus test (checklist), but an objective test is used to determine if custody occurs. The officer's subjective intent to arrest does not matter. What matters is if, objectively, a reasonable person would believe that an officer conveyed, by words or actions, that a suspect is not free to leave. It also does not matter why the suspect is in custody. Warnings must be given if the suspect is arrested or in jail for one crime and being questioned for another crime.
A suspect can be held for arraignment after booking and interrogation.
In some places he is taken by police or court personnel to a courthouse
and confined in a holding cell. In others he is confined at a police
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