Assignment 2: Case Consideration

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11. Aside from the legal considerations discussed above, what other problems do you see with the way this interview was conducted?

An interview is intended to be informal and held in a non-hostile manner. Having the interview take place in the office of the interviewee is a positive way of setting this tone. However, the type of questioning that ensues must be in-line with this tone and at no point should the interviewee be tipped off that they might be considered a suspect. The line of questioning appears to not have been neutral and a bias of guilt may have existed from the interviewers. There is concern for the intent of the interview as it appears as though a couple of the interviewers went in with the purpose of obtaining a confession,
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Do you think the excuse clause in this signed statement is appropriate? Why or why not?

An excuse clause doesn’t diminish legal responsibility but does help the confessor feel as though compassion and sympathy are being expressed. The provided excuse clause is valid as it provides the intent for the crime. However, the excuse clause needs to be indicative of the rationalization provided by the confessor and not embellished.

16. List nine key pieces of information that must be included in the signed statement.

Included in the signed statement should be the intent/motive for the fraudulent activity, the approximate time period (beginning and end dates), the approximate amount of funds involved, the number of times instances, other individuals involved, the excuse clause, acknowledgement of the truthfulness of written statement, acknowledgment of confessor having read the statement. With the provided information of this case, the following information should be listed in the signed statement:

Intent: Financial pressure and need to pay off substantial gambling debt
Approximate activity commence: beginning on xxx
Approximate activity termination: ending on xxx
Approximate Amount of Funds Involved: ($9,999 x 15mo. = $150,000

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