Question 1

________ takes place when the police ask questions of a suspect that tend to link him or her to a crime.&#10;A) Questioning&#10;B) Examination&#10;C) Interrogation&#10;D) Interviewing

Accepted Answer

Interrogation is the correct term for when police ask questions of a suspect that are designed to elicit admissions or confessions related to a crime.

Question 2

&#34;Custodial&#34; means:&#10;A) That the person is under arrest or is deprived of freedom in a significant way&#10;B) That the person is going to be convicted of a crime&#10;C) That the person is under police examination&#10;D) That the person is free to leave

Accepted Answer

Custodial generally refers to a situation where a person is under arrest or otherwise deprived of their freedom in a significant way, such as being in police custody. It does not necessarily mean the person will be convicted of a crime, is under police examination, or is free to leave.

Question 3

What constitutes &#34;interrogation&#34; for Miranda purposes?&#10;A) Any type of conversation between the police and a suspect&#10;B) Instances where the suspect is asked questions by the police that tend to link the person to a crime&#10;C) Any inquiries made by the suspect&#10;D) Any dialogue between the suspect and his or her lawyer

Accepted Answer

Interrogation for Miranda purposes refers specifically to questioning initiated by law enforcement officers that is directly or indirectly intended to elicit an incriminating response from the suspect. This is because the Miranda rights aim to protect individuals from self-incrimination during custodial interrogation. Conversations that do not seek to link the suspect to a crime, or dialogues with lawyers or initiated by suspects themselves, do not constitute interrogation under Miranda.

Question 4

In Brewer v. Williams, the U.S. Supreme Court ruled that the police must give the Miranda warnings even if no questioning takes place if the behavior of the police constitutes the functional equivalent of an interrogation.

A) Nix v. Williams
B) Brewer v. Williams
C) Mapp v. Ohio
D) Maryland v. Wilson

Accepted Answer

Brewer v. Williams established that the police must provide Miranda warnings if their actions are likely to elicit an incriminating response, even without direct questioning, as it constitutes the functional equivalent of an interrogation.

Question 5

The &#34;functional equivalent&#34; of an interrogation is when the police officers' behavior is likely to ________ even in the absence of questioning.&#10;A) Be prejudicial to the suspect&#10;B) Incriminate the suspect&#10;C) Elicit a confession&#10;D) Elicit a meaningful conversation

Accepted Answer

The "functional equivalent" of an interrogation refers to situations where police conduct or circumstances are such that they are likely to elicit an incriminating response from a suspect, similar to a direct interrogation, even if no explicit questioning occurs. This concept recognizes that certain behaviors or situations can effectively pressurize a suspect into making incriminating statements without a formal interrogation.

Question 6

In which of the following cases the Court ruled that the conversation in this case was merely a dialog between police officers and did not constitute the &#34;functional equivalent&#34; of an interrogation.&#10;A) Rhode Island v. Innis&#10;B) Arizona v. Mauro&#10;C) Nix v. Williams&#10;D) Horton v. California

Accepted Answer

In Rhode Island v. Innis, the Supreme Court ruled that the conversation in question was merely a dialogue between police officers and did not constitute the "functional equivalent" of an interrogation. This decision was based on the interpretation that the officers' remarks were not made with the intent of eliciting an incriminating response from the suspect.

Question 7

A conversation between a suspect and a spouse, which is recorded in the presence of an officer, does not constitute the functional equivalent of a(n) ________ under Miranda.&#10;A) Questioning&#10;B) Examination&#10;C) Interviewing&#10;D) Interrogation

Accepted Answer

The correct term is "interrogation" under Miranda rights, which typically refers to direct questioning by law enforcement about a crime. A conversation between a suspect and a spouse, even if recorded by an officer, does not fit this definition as it lacks the formal and direct questioning aspect of an interrogation.

Question 8

In Chavez v. Martinez, the Supreme Court held that "statements compelled by police interrogation may not be used against a defendant in a criminal case, but it is not until such use that the ________ Clause is violated."

A) Impeachment
B) Exceptions
C) Self-incrimination
D) Equal protection

Accepted Answer

The correct answer is the Self-incrimination Clause, as the Supreme Court's decision in Chavez v. Martinez revolves around the principle that the Fifth Amendment's protection against self-incrimination is not violated until compelled statements are actually used against a defendant in a criminal case.

Question 9

Under which circumstances can a Section 1983 civil action be successful?&#10;A) If there is some indication that a constitutional right was violated&#10;B) Only if there is a proven violation a constitutional right or a right guaranteed by federal law&#10;C) If police officers did not follow all departmental protocol&#10;D) If there was a violation of a state law by the Sheriff

Accepted Answer

A Section 1983 civil action requires a proven violation of a constitutional right or a right guaranteed by federal law, not merely an indication or a violation of state law or departmental protocol.

Question 10

Which of the following cases is best understood as a Section 1983 civil liability case for a possible violation of a suspect's constitutional right?&#10;A) Chavez v. Martinez&#10;B) Brewer v. Williams&#10;C) Arizona v. Mauro&#10;D) New York v. Belton

Accepted Answer

Chavez v. Martinez is recognized as a Section 1983 civil liability case because it involves a claim against a police officer for violating a suspect's Fifth Amendment rights during interrogation, which falls under the purview of civil rights violations actionable under Section 1983.

Question 11

Which of the following cases is more commonly known as the &#34;Christian burial&#34; case?&#10;A) Nix v. Williams&#10;B) Brewer v. Williams&#10;C) Arizona v. Mauro&#10;D) Chavez v. Martinez

Accepted Answer

The answer of Which of the following cases is more...

Question 12

There are instances in which the police must give the Miranda warnings even if no actual interrogation or questioning takes place.

Accepted Answer

The answer of There are instances in which the police...

Question 13

Evidence obtained during a conversation that does not constitute the &#34;functional equivalent&#34; of an interrogation is admissible in court.

Accepted Answer

The answer of Evidence obtained during a conversation that does...

Question 14

The term &#34;functional equivalent&#34; is objective and simple to determine.

Accepted Answer

The answer of The term &#34;functional equivalent&#34; is objective and...

Question 15

Statements taken in violation of Miranda do not violate the Fifth Amendment protection against self-incrimination even if they are used against the defendant in a criminal trial.

Accepted Answer

The answer of Statements taken in violation of Miranda do...

Question 16

The Miranda warnings must be given whenever there is a &#34;custodial interrogation.&#34;

Accepted Answer

The answer of The Miranda warnings must be given whenever...

Deck 17: What Constitutes Interrogation for Miranda Purposes