What 2 forms may a suspects statement take?
- 1) An admission of wrongdoing
- 2) A statement detailing the individulas actions, which may or may not contain a deial of involvement.
What characterises the first type of statement?
The first form of the statement, an addmission of guilt, contains the suspects mental state and elements neccessary to prove he committed a crime.
Should a suspect make multiple addmissions, what action dhould be taken?
Seperate statements should be obtained on each of the crimes.
List the differing ways in which a suspects oral statement or confession may be preserved:
- 1) Narrative written by the suspect.
- 2) Narrative written by the Interrorgator.
- 3) Preprinted Statement Forms.
- 4) Question and Answer format.
- 5) Formal statement taken by a Court Reporter or Stenographer
- 6) Audio or Video recordings
- 7) Combination of the preceeding forms.
What is the drawback to using preprinted forms?
The problem with any preprinted form is that it may, because of its formal appearence, frighten an otherwise cooperative individual.
What is the benefit of preserving a suspects oral statement or confession by using a formal statement?
The formal statement is also likely to capture the most amount of detail because the suspect is talking and not writing his response down on a peice of paper.
What requirements must be met when conducting an interview / interrorgation with an audiovisual recording.
- The begining of the audiovisual statement should identify:
- a) the individuals present]
- b) location of the interview
- c) the time and date the statement is being obtained.
- d) Dependant on State law, it may also be neccessary to obtain the suspects consent to the recording.
What is the best format for a statement to be written in?
Chronological - The best statements are those that clearly depict the addmission or offense in a chronological order that logically moves from begining to end.
What 2 practical steps should be undertaken when obtaining a written statement?
- 1) It may be useful to have the suspect repeat his addmission to a witness before the interrorgator attepts to introduce the idea of writting a confession.
- 2) It may also be useful to have the Suspect initial the Interrorgators notes.
List the 5 distinct parts of a statement:
- 1) The Introduction
- 2) Summary of total addmission
- 3) Substantiaion of the admission and any evidence relevant to the case
- 4) Truthfulness and voluntariness of the statement
- 5) Signature, corrections and witnessing.
What is the Summary of the Admission:
This is a summary paragraph in which the suspect makes his overall admission, including the elements of the crime.
The summary of the crime should incorporate the words necessary to prove the elements of the crime. Words like steal, murdered, raped or burglarize clearly indicate what is being admitted and their use indicates the suspect knew it was clearly a crime or violation.
What is meant by substantion of the admission?
It is the third section of the stement and is where the Suspect supports the admission with details of the crime.
What is the prefered methodology to be used when substantiating a single incident or criminal act?
Chronological development of the admission.
What 2 things may the suspect be asked to do that would be helpful in the development of the admission?
- 1) The suspect may be asked to draw a sketch of the crime scene to help.
- 2) The suspect should be asked to identify items of evidence that substantiate his admission and subsequent statement.
What is the purpose of incorporating any admission by a suspect that evidence has been concealed and not yet recovered?
Such information should be included to provide probable cause for a Search Warrant.
What steps should an Interrorgator take to ensure the statement is an accurate account of the suspects admission?
- 1) The Interrorgator should use the Suspects language when taking the statement.
- 2) The Interrorgator should not hesitate to stop the Suspect and ask what he means by a particular word if the definition of that word is unclear.
After obtaining a formal written statement, what actions must the Intorrorgator take?
- 1) The Suspect should be asked to reread the statement and make any corrections necessary in the document, crossing out incorrect information, inserting the correct detail and intialing the change.
- 2) The Suspect should sign the bottom of each page and also place his full signature on the last page, following the last paragraph and the statement should be witnessed.
What are the key points that should be summarised in the interrorgators notes at the conclusion of the interrorgation?
- 1) Timeframe on the admission that occurred during the conversation
- 2) Date, time and location where the in terview or interrorgation toook place
- 3) Who was present during this time
- 4) If relevant, note when the Miranda warnings were administered and if the suspect signed a form acknowledging he received them.
- 5) the times the Suspect was allowed to use the restroom and whenever he received food ro drink.
- 6) The time the Suspect made his first incriminating admission to the crime.
- 7) If the suspect was taken to the scene of the crime, the time they arrived and left.
- 8) The time the written confession began and ended.
What is the purpose of the follow up investigation?
To corroborate and substantiate what the suspect said occurred in his statement.
What item should be incorporated in the written report as an apendix?