ACCT 5553 RAT 2

• Protects against unreasonable searches and seizures
• Exclusionary clause

Excludes evidence that has been improperly or illegally seized

Right to remain silent.

Right to counsel

Right to due process

Confession is admissible only if it is voluntary

Sixth - right to counsel

Fifth - right against self-incrimination

The fundamental issue in determining admissibility

Courts view the circumstances and environment surrounding a suspect who gives a confession in determining the voluntariness.

Does not necessarily invalidate the confession

• Setting must be custodial in nature
• The interrogator must be a law enforcement officer or acting as an agent for one

• Right to remain silent
• Right against self-incrimination
• Right to an attorney

• Statements made after Miranda warning can be used later to impeach a defendants credibility at trial
• Public safety (New York v. Quarles)

Once a suspect invokes the right to counsel all further interrogation must cease.

Fifth and Fourteenth

No

• Language used to summon the individual
• Physical surroundings of the interrogation
• Extent to which officials confront the prisoner with evidence of guilt
• Whether officials exert any additional pressure to detain the individual

Miranda warning

If there is government involvement

• Detention where no arrest warrant has been issued
• A void arrest warrant

• An arrest/forcible detention took place
• Arrest/imprisonment was caused by the company
• Detention was unlawful or made without a warrant
• There was malice on part of the company

Slander or libel

False spoken statement

Untrue written statement

• Particular word were actually spoken
• Prove that these word were spoken or published to third parties
• The word written or spoken were false
• Other facts

• Employer instituted or continued a criminal proceeding
• Proceeding was terminated in the employee's favor
• No probable cause existed for initiating a proceeding
• Employer's motive in initiating the proceeding was malice

• Quid pro quo
• Hostile environment

• Voluntary
• Coerced Compliant
• Coerced Internalized

When a subject admits to an act without any external pressure

• Morbid desire for notoriety
• Unconscious need to expiate guilt over previous transgressions
• Inability to tell fact from fantasy

Result from the subject obtaining some immediate gain. Usually to escape some difficult social situation

Individuals come to believe that they did commit the crime. Usually have no memory of the event.

• Age
• Memory and intelligence
• Failure to understand abstract thought
• Behavioral differences from the general population
• Suggestibility and compliance