 Mystery: March 10, 2010 Issue [#3515] |
  Mystery
This week: Edited by: Kate - Writing & Reading  
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All that I see or seem is but a dream within a dream
Edgar Alan Poe
A mystery is an answer in search of a question; knowing what’s been done and the journey to discovering the how and why of it. It deals with something unknown to the reader, which the writer reveals in bits and pieces by use of clues, drawing the reader into the puzzle. Welcome to this week's edition of the WDC Mystery Newletter, where we will explore some of the means by which we plot the journey to discovery for ourselves and our readers.
Welcome to this week'd edition of the WDC Mystery Newsletter.
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| ASIN: B07N36MHWD |
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Amazon's Price: $ 7.99
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Greetings, fellow puzzle solving sleuths!
 You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to speak to an attorney,
and to have an attorney present during any questioning.
If you cannot afford a lawyer,
one will be provided for you at government expense.
Okay, these questions are common knowledge from the days of "Dragnet" and are repeated by law enforcement officers before questioning a suspect and, at times, a person of interest, and even a material witness. Although in the U.S. the Bill of Rights and Constitution offer protection for citizens so that they are not forced to make statements that would be self-incriminating, allow their person or property to be searched without probable cause or reason, who wraps a copy of the Bill around the lockpicking kit they use to break into the store, or the knife they use in a fatal bar fight? Over time, law enforcement officers and private investigators, took advantage of this lack of knowledge to obtain evidence which was often incriminating to the detainee. Police figured that if an accused, for example, volunteered information or answered questions about a crime without knowing they weren't required to, it was the person's fault for not stating that right, even if they did not know, or did not remember, that they had that right.
This is what happened in the case of Miranda v. Arizona in 1963. The accused was charged with kidnap and rape. When brought in for questioning, he confessed to the crime without being cautioned that he need not incriminate himself and that he had a right to an attorney before answering any questions. He was convicted at trial based on his confession. His lawyer at trial appealed the conviction to the Supreme Court, which ruled that because he was not notified of his rights prior to confessing, his self-incriminating statements could not be used, and overturned the conviction. Miranda was re-tried, by the way, and convicted on the weight of other empirical evidence. But the precedent was set and the above citation was encoded into law enforcement questioning, and a suspect is routinely asked in court if he had been Mirandized or read his Miranda rights.
Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. You don't have the right to hold back your driver's license, for example, from the officer pulling you over for speeding or weaving on the road.
To end Ernesto Miranda's story, after serving his time, he was released from prison, and met his end in a barroom brawl in 1976 (http://www.usconstitution.net/miranda.html).
The police also need not Mirandize someone who is not a suspect in a crime. They can question 'material witnesses' and 'persons of interest' in a crime. They also don't have to 'Mirandize' someone to arrest them, but must before questioning them.
Now, pre-Miranda (and Dragnet), police took more liberties in questioning suspects as well as 'material witnesses' and what today we call 'persons of interest' to obtain information about criminal activities.
Today, investigation is more structured, and detainees are categorized with respect to their possible connection to a crime.
A suspect, as we know, is one who is reasonably likely to have committed a crime based on evidence either first-hand (i.e., holding a bloody knife over a recently deceased corpse) or evidence lilnking him/her to the crime scene. Fingerprints, eye-witnesses to a criminal act, are a couple vivid examples. Letters, phone calls, prior threats to a victim, are also potential evidence. Once the suspect is brought in for questioning about the alleged act and asked to speak to the evidence, he must now be informed of his rights, or Mirandized.
A material witness, however, is not a suspect, but can be brought in for questioning if it is likely his/her testimony will lead to discovery of material or other empirical evidence to a crime. This witness need not be Mirandized - unless the testimony he/she is giving starts to become self-incriminating. Then it's up to the officers to stop the questioning and read the witness his/her rights.
A person of interest, however, is more ambiguous. The term became more widely used as an investigative tool by law enforcement after the bombing at the Atlanta Olympics, when a security guard, Richard Jewell, was thought to be potentially responsible. Although he was exonorated, he was ruined by the publicity. Law enforcement has continued to use this term in order to focus attention on potential suspects or those having intimate knowledge of a potential suspect's actions and drawing them out. Again, unless they are read their rights, today, any statements they make that would incriminate themselves could not be used to try them; but statements about others made in the heat of anger or passion, now there's something that law enforcement can pursue to gather further evidence.
So, to keep your own investigation real and true to the times, know your witness, or suspect, or person of interest, and what right you (and your sleuth) have to gather evidence against him/her. As a puzzlemaster, gather the evidence from the scene, from bystanders, from the victim's past acts and statements, then, when you've enough empirical evidence to charge a suspect with a crime, bring him in for questioning and do make sure he's aware of his rights, lest all your hard work be for naught. A believable mystery holds true to its time. If the crime occurred prior to the mid-20th century, the rules were more ambiguous, but they were still there, albeit more subject to your sleuth's discretion.
Check out some of the investigative techniques offered by members of our Community, and see if they'd 'hold up in court.' And perhaps you'll start an 'investigation' of your own and share it with use
Write On!
Kate
Kate - Writing & Reading
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Check out the following, and let the writers know your thoughts as to their technique
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#1613734 by Not Available. |
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| |  | The Key (18+)
A man wakes up in an alley and is immediately arrested for murder
#953707 by Bruce  |
| | | Invalid Item
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#717887 by Not Available. |
Care to partake in the 'interrogation' ~ then check this out
| |  | The Lineup (18+)
After witnessing a crime, you're asked to identify the man responsible.
#1394999 by Jeff  |
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Have an opinion on what you've read here today? Then send the Editor feedback! Find an item that you think would be perfect for showcasing here? Submit it for consideration in the newsletter!
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I thank you for this time in your virtual abode, and wish for you a delightful journey weaving your own investigative techniques. Do let us know if you've snagged a good 'suspect' or perhaps a 'material witness' of your own.
Until we next meet,
Write On!
Kate
Kate - Writing & Reading
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Product Type: Toys & Games
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