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A comprehensive overview of the key concepts and questions related to the mcoles (michigan commission on law enforcement standards) licensing exam. It covers a wide range of topics, including confession, admission, inherently coercive environment, custody, privileged communications, custodial interrogation, garrity rights, exclusionary rule, fruit of the poisonous tree, inevitable discovery, polygraph exams, corpus delecti, aiding and abetting, miranda and probable cause, interview vs. Interrogation, setting up the interview, common interview locations, pre-interview prep, arrest, force, custody, submission, arrest warrant, terry stop, felony, and misdemeanor. The document aims to equip aspiring law enforcement professionals with the knowledge and understanding necessary to successfully navigate the mcoles licensing exam and excel in their future careers.
Typology: Exams
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Confession - Correct Answer-Complete admittance to criminal involvement (every element of crime) Admission - Correct Answer-Partial admittance to a crime (does not cover every element of crime) Inherently Coercive Environment - Correct Answer-Cause a suspect to believe that they have no choice but to comply with the officers demands (deprive of sleep, food, water etc. Custody - Correct Answer-The suspect is not free to leave Privileged Communications - Correct Answer-Privileged communications are confidential and cannot be used against a person Privileged Communications (Attorney/Client) - Correct Answer-Privileged except, (People v Nash) Custodial Interrogation - Correct Answer-the questioning of a detained person by the police in connection with a criminal investigation Privileged Communications (Doctor/Patient) - Correct Answer-Privileged when the communication is necessary to enable the physician to serve as a physician Privileged Communications (Social Worker/Counselor) - Correct Answer-Privileged except, People v Carrier) Privileged Communications (Clergy) - Correct Answer-Communications between clergy and church members are protected when necessary to enable the clergy to serve as clergy Privileged communications (Spousal Privilege) - Correct Answer-In criminal prosecution a husband or wife cannot be a witness for or against one or the other, without consent. Exception (People v Szabo) Garrity Rights - Correct Answer-protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers Exclusionary Rule - Correct Answer-When evidence has been obtained in violation of the accused's constitutional rights
Fruit of the Poisonous Tree - Correct Answer-Evidence obtained after illegal government actions Inevitable Discovery - Correct Answer-Evidence obtained through an illegal confession, but not the confession itself, may still be admissible if the police were actively pursuing the evidence and the evidence would have been found as a result of an ongoing investigation. Polygraph Exams - Correct Answer-NOT admissible in court, DO NOT MENTION IT ON THE STAND. Corpus Delecti - Correct Answer-Body of the crime, prosecution must produce some independent evidence of a crime before being able to introduce a defendants confession or admission to a crime. Aiding and Abetting - Correct Answer-Before or during the crime the defendant did something to assist in the commission of the crime Miranda and Probable Cause - Correct Answer-Hoffa v US, a defendant has no right to be arrested, nor do the police have to stop an investigation and make an arrest the moment they have probable cause. Interview - Correct Answer-Less formal Non-accusatory Goal is to get information Interrogation - Correct Answer-Formal Designed for a confession Accusatory/aggressive Setting up the interview - Correct Answer-Interview subjects in a setting you control Get a subject/suspect out of their comfort zone Always interview subjects by themselves Goal is to control the environment Common interview locations - Correct Answer-Patrol car Residence Post/Police station Roadside - separate parties (Record interviews) Pre interview prep - Correct Answer-Go over facts of the case
Write out important points to cover Gather as much background info as you can Arrest - Correct Answer-The taking, seizing, or detaining of the person of another, by touching or putting hands on them Force - Correct Answer-Verbal or physical force necessary to gain control Must be reasonable as to the situation Custody - Correct Answer-Actual seizure of a person Submission - Correct Answer-Agreement of arrestee to being placed in custody May be voluntary or coerced Arrest warrant - Correct Answer-A court order from a judge or magistrate that authorizes law enforcement the legal right to seize or arrest an individual Terry stop - Correct Answer-a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. Felony - Correct Answer-a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death Misdemeanor - Correct Answer-(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct punishable by a year or less in jail