Law Homework Help

Traditional Police Practices Discussion

 

I’m working on a criminal justice discussion question and need an explanation and answer to help me learn.

Overview:

For this discussion board, you will apply the right to remain silent to a scenario.

Scenario: You are a newly promoted detective working on a burglary case where several ATMs were broken into over the past few weeks. Thousands of dollars have been taken. Surveillance video reveals a limited description of a male wearing all black clothing, including a mask and gloves. The same shoe tread pattern has been recovered from two different scenes. You have developed a suspect named Jim Davis. An anonymous tipster told you Jim is the one who has been committing the burglaries. You cannot act on the tip alone and would like to have more information. Your detective supervisor has recommended you attempt a non-custodial interview with Jim.

Instructions:

In your initial post:

  • Discuss the strategy you would use to set up the non-custodial interview.
  • What would you do to ensure it remained non-custodial?
  • When might the interview transition from non-custodial to custodial?
  • Discuss when the right to remain silent would and would not apply.
  • Support your strategy and conclusions with Constitutional case laws.