Deck 5: Interviewing and Interrogating

Question 1

The Fifth and Sixth Amendments do not apply to:

A)nontestimonial evidence.
B)testimonial evidence.
C)physical evidence.
D)confessions.

Answer 1

A

Question 2

"No person… shall be compelled in any criminal action to be a witness against himself" is from:

A)the Fourth Amendment.
B)the Fifth Amendment.
C)the Sixth Amendment.
D)the Eighth Amendment.

Answer 2

B

Question 3

An interview that is used by law enforcement to screen out individuals is referred to as an):

A)problem solving interview.
B)interrogation.
C)selection type interview.
D)accusatory interview.

Answer 3

C

Question 4

Which of the following is used by courts to determine if a confession is voluntary?

A)Probable cause
B)Reasonable suspicion
C)Totality of circumstances
D)All of the above

Question 5

Under Miranda,a person is in custody when:

A)booked in at the police station without an attorney.
B)placed in handcuffs at the scene.
C)asked to give a confession with no one present.
D)otherwise deprived of freedom of action in any significant way.

Question 6

A written statement may be:

A)handwritten.
B)typewritten.
C)computer generated.
D)All of the above

Question 7

The results of which tests are normally not admissible in evidence and should be used only as a supplement to the investigation?

A)Polygraph
B)CVSA
C)Both a and b
D)None of the above

Question 8

An interview during a criminal investigation should be conducted as soon after the event as reasonably possible,whereas interrogations of suspects should be postponed until:

A)the interrogators have a chance to plan the interrogation.
B)after the victim and other witnesses have been questioned.
C)the interrogators agree upon the good cop/bad cop role.
D)the suspect is relaxed and vulnerable to a confession.

Question 9

Which Amendment to the U.S.Constitution prohibits the questioning of a suspect without the presence or consent of an attorney if the individual has been formally charged?

A)Fifth
B)Sixth
C)Both a and b
D)None of the above

Question 10

A field interview is similar to an investigative stop,except there is an absence of:

A)multiple officer interaction.
B)suspicious circumstances.
C)pat down.
D)criminal activity.

Question 11

Which one of the following is NOT recommended prior to the follow-up interview?

A)Review all available information
B)Make a list of the points that are needed to be explored
C)Dress in the most intimidating clothing as possible
D)Remove,if possible,any physical barriers that may hinder the interview

Question 12

Lieberman's fundamentals of body language includes all EXCEPT:

A)eye contact.
B)cover-up.
C)bad temperament.
D)arms and hands animation.

Question 13

Regardless of the type of interview or its purposes,there are two basic types of interviews.They are:

A)interview and interrogation.
B)good cop and bad cop.
C)directive approach and nondirective approach.
D)simple and complex.

Question 14

Which former United States Supreme Court Justice stated: "The defendant's own confession is probably the most probative and damaging evidence that can be admitted against him"?

A)Thurgood Marshall
B)Sandra Day O'Connor
C)Anton Scalia
D)Byron White

Question 15

Evidence obtained by exploiting an unreasonable search or seizure and subject to suppression at trial is:

A)curtilage.
B)open field evidence.
C)fruit of the poisonous tree.
D)custodial evidence.

Question 16

A non-accusatory questioning of an individual for the purpose of obtaining information is referred to as an):

A)interrogation.
B)interview.
C)field interrogation.
D)confession.

Question 17

Which Amendment to the U.S.Constitution limits police interrogations?

A)Fifth
B)Sixth
C)Both a and b
D)None of the above

Question 18

Right to counsel during interrogation is from:

A)the Fifth Amendment.
B)the Sixth Amendment.
C)the First Amendment.
D)the Fourth Amendment.

Question 19

Which of the following is a direct acknowledgment of guilt?

A)Admission
B)Confession
C)Plea bargain
D)All of the above

Question 20

The polygraph is an instrument that records ___________________ reactions of the person being examined to specific questions in an effort to detect deception.

A)sociological
B)psychological
C)emotional
D)physiological

Question 21

The use of tricks and deception is generally permissible,but psychological coercion is not.False promises may make the confession involuntary.

Question 22

To determine if a confession is voluntary,courts use the totality of the circumstances test.

Question 23

The Fifth and Sixth Amendments do not apply to nontestimonial evidence.

Question 24

If there is a question as to whether the suspect understands the English language,the officer should delay questioning until the suspect may be advised of the rights in his or her native language.

Question 25

The Fifth Amendment permits a person to testify in his own defense.

Question 26

The burden of proof to establish that a confession was voluntary is on the prosecution.

Question 27

The length of the interrogation is one factor considered by the courts in looking at the issue of whether the confession was voluntarily given.

Question 28

An interview during a criminal investigation should be conducted as soon after the event as reasonably possible,whereas interrogations of suspects should be postponed until after the __________ and other witnesses have been questioned

Question 29

Regardless of the type of interview or its purposes,there are two basic types of interviews: directive approach and __________ approach.

Question 30

There are three major exceptions to the Miranda rule,provided the statement is otherwise voluntary: the use of the statement to impeach a defendant's testimony at trial,public safety,and questioning by undercover agents.

Question 31

An)__________ is a non-accusatory questioning of an individual for the purpose of obtaining information.

Question 32

An interview that is used by law enforcement to screen out individuals is referred to as an)__________ type interview.

Question 33

The rule against self-incrimination applies even if the individual being questioned has been granted immunity.

Question 34

A confession or other statement taken from a suspect must meet the voluntariness test.

Question 35

If individuals indicate that they do not want to talk or they want to see an attorney,questioning can continue so long as they do not state it again.

Question 36

Both the Fifth and Sixth Amendments to the United States Constitution limit police interrogations.

Question 37

Listening without empathy is a method of responding beyond merely receiving the message being conveyed.

Question 38

False promises can never make the confession involuntary.

Question 39

A written statement may be handwritten,typewritten,or __________ generated.

Question 40

Poor listening habits frequently cause the loss of information.

Question 41

A field interview is similar to an investigative stop,except there is an absence of __________ circumstances.

Question 42

Under __________,a person is in custody when he is otherwise deprived of freedom of action in any significant way.

Question 43

Right to counsel during interrogation is provided by the __________.

Question 44

A __________ is a direct acknowledgment of guilt.

Question 45

"No person… shall be compelled in any criminal action to be a witness against himself" is provided by the __________.

Question 46

The Fifth and Sixth Amendments do not apply to __________ evidence.

Question 47

__________ is the former United States Supreme Court Justice who stated,"The defendant's own confession is probably the most probative and damaging evidence that can be admitted against him."

Question 48

__________ fundamentals of body language includes eye contact.

Question 49

Evidence obtained by exploiting an unreasonable search or seizure and subject to suppression at trial has been termed "__________".

Question 50

The polygraph is an instrument that records ___________________ reactions of the person being examined to specific questions in an effort to detect deception.