You have just arrested two suspected gang members for painting graffiti-gang sym

Question

You have just arrested two suspected gang members for painting graffiti-gang symbols-on the courthouse wall. They are in custody and have invoked their Miranda right to silence. You decide to place them in the same police car with a hidden tape recorder running to see if they make any incriminating statements. The tape recording, made while you were outside the car, reveals that the gang member:s discussed committing the crime and concocted an alibi to give to the police. Have you interrogated the suspects or violated their rights? Explain your answer fully.

Explanation / Answer

In my opinion, I have interrogated them because the court needs evidence and the means of collecting the evidence doesn’t matter; besides we haven’t done any physical violence in getting that evidence. When police search the suspects, their properties etc., it’s not considered as invasion but a necessity. We are only worried about preventing future crime. So, my action of recording belong to the same category that I’m helping the society and the Criminal Justice System to deter two people from damaging the walls with their graffiti and gang symbols.

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