Question

The issues in Confessions and Admissions look at the meaning of voluntariness, when Miranda is triggered, and how it can be waived. Explain your choices in this scenario by addressing the following questions. How should officers behave when they want to question suspects without placing them under arrest? What kinds of tactics are persuasive, but not coercive? How might these answers change based on the circumstance?

Answer 1

Without placing the suspects under arrest, the officers should behave casually with the suspects. They should not create an environment which will prevent the suspects from speaking to the officers. Rather, the suspects should feel at ease to speak to the officer. So, the officer should not behave with the suspect as if he is actually suspecting the suspect. The officer should create an empathetic environment for the suspect so that he or she is able to vent in front of the officer. This might prove to be helpful for the officer and can provide cues to the officer to proceed the case in a given way. In an empathetic environment, a person can "voluntarily" choose to answer a question due to the warmth and compassion generated from an unexpected source, that is, the suspector or the police who normally functions to suspect people involved directly or indirectly in a crime. In this way, a voluntary refusal to answer the question will be replaced by voluntary acceptance of answering a question or volunteering to speak up about the crime or the incident concerned.

The persuasive, but not coercive tactics are warmth, concern, and respect for a person. An unexpected warmth and respect can soften a person, melt him or her, and vent about any emotional incidence in life. Crime is an emotional incident in one's life. Negative emotions are responsible for crimes and criminal activities. The warmth and respect should be coupled with patience. Persuasion is an art that requires the utmost patience to bend a rigid individual to work in ways beneficial to the other individual. Generally, a light concern, exhibition of respect, and warmth are keys to big revelations and solutions to problems.  

These answers will change when the police will have no other means to make the criminal speak but use coercion. This coercion will set in when the officer will get frustrated trying to persuade the suspect to voluntarily open up about the crime. The police under frustration will automatically start coercing the suspect, thereby triggering the Miranda or the advisory notifications from the police to the suspect regarding the right of the suspect to remain silent and not answer police questions.