Deck 7: Confessions

Question 1

Which of the following is not one of the double jeopardy provisions of the Fifth Amendment?

A) Sometimes allows for the trying of an individual more than once for the same crime
B) Prohibits trying of an individual more than once for the same crime
C) Does not attach in those cases which do not achieve legal finality
D) Retrials resulting from successful post-conviction appeals

Answer 1

Sometimes allows for the trying of an individual more than once for the same crime

Question 2

Mistrials maybe declared for which of the following reasons?

A) Deadlocked juries
B) Prosecutorial misconduct
C) Procedural violations
D) All of the above

Answer 2

All of the above

Question 3

The double jeopardy clause includes three essential protections for American citizens:

A) A second prosecution for the same offense after acquittal
B) A second prosecution for the same offense after conviction
C) Multiple punishments for the same offense
D) All of the above

Answer 3

All of the above

Question 4

The double jeopardy clause does all but one of the following?

A) Attaches in cases in which different standards of proof apply
B) Does not apply in parole violation hearings where criminal acts by an individual may be part and parcel of such proceedings, even in those acts for which he/she has been acquitted
C) Recognizes the separate sovereigns exception
D) Provides protection in cases of prosecutorial misconduct

Question 5

The right to due process is guaranteed to all citizens in all courts through the incorporation of which Amendment?

A) First
B) Fifth
C) Eleventh
D) Fourteenth

Question 6

Which Amendment affords American citizens the freedom from impressment of personal property and the prohibition against self-incrimination?

A) Fourteenth
B) Fifth
C) Third
D) First

Question 7

The Fifth Amendment, and all of the provisions contained therein, were applied to state courts through which Amendment in 1964:

A) Fourteenth
B) Fourth
C) Third
D) First

Question 8

Which court case created a comprehensive framework for custodial interrogations?

A) Smith v. Illinois
B) Bruton v. United States
C) Miranda v. Arizona
D) Adamson v. California

Question 9

The "bright line rule":

A) Allowed the interrogation of suspects to wear them down for self-incrimination
B) Allowed for the continued questioning of a suspect (after his/her rights had been given) until their counsel arrived
C) Forbade future questioning so that the authorities were not able to wear down the accused and persuade him to incriminate himself notwithstanding his earlier request for counsel's assistance
D) None of the above

Question 10

The "rights of the accused" are all but one of the following:

A) Remain silent
B) Anything said may be used against them
C) They must pay for their attorney
D) Right to an attorney during questioning

Question 11

The "rights of the accused" does not attach in which of the following?

A) Terry stops
B) Routine booking questions
C) Questioning by non-law enforcement persons
D) All of the above

Question 12

Miranda warnings are not necessary in which of the following are present?

A) An urgent need exists in which no other possibility abounds
B) There is a possibility to save human life
C) The primary motive of the interrogator is rescue
D) All of the above

Question 13

The Confrontation Clause of the Sixth Amendment provides for the cross-examination of all individuals and entities providing evidence against the accused. The Court has ruled that the introduction of statements made by co-conspirators/co-defendants is permissible only in special situations. Statements or confessions by co-defendants are only admissible against the defendant if:

A) She/he takes the stand during the trial
B) The two parties are tried separately
C) The charges against the defendant are dropped
D) All of the above

Question 14

Which of the following court cases state that because a State may dispense with a jury trial, it does not follow that it may substitute trial by ordeal.

A) Brown v. Mississippi
B) Escobedo v. Illinois
C) Rogers v. Richmond
D) None of the above

Question 15

Which of the following court cases was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired?

A) Miranda v. Arizona
B) Escobedo v. Illinois
C) Brown v. Mississippi
D) Rogers v. Richmond

Question 16

Law enforcement officers in the United States are prohibited from extracting confessions through the use of physical torture, and they are totally forbidden from collecting such through a variety of deceptive strategies, including:

A) Issuance of promises
B) Threats
C) Lies
D) None of the above

Question 17

The protection housed within the 5^th Amendment applies in which of the following:

A) Physical evidence
B) Corporate freedom from self-incrimination
C) Communicative or testimonial
D) Statements that might incriminate a third party

Question 18

In what court case did the Court consider whether drawing a sample of blood from an unconscious driver who smelled of alcohol violated the 5^th Amendment's protection against compulsory testimony and/or the 14^th Amendment's guarantee of due process?

A) Breithaup v. Abram
B) United States v. Wade
C) Pennsylvania v. Muntz
D) None of the above

Question 19

The Sixth Amendment to the United States Constitution includes provisions and/or prohibitions regarding: the grand jury system, double jeopardy, due process, and impressment of private property.

Question 20

Double jeopardy provisions prohibit trying of an individual more than once for the same crime.

Question 21

Double jeopardy does attach in those cases, which do not achieve legal finality or conclusion.

Question 22

The Double Jeopardy Clause of the Fifth Amendment does attach in cases in which different standards of proof apply. It attaches in civil cases irrespective of adjudication in criminal courts.

Question 23

Double jeopardy does not apply in parole violation hearings where criminal acts by an individual may be part and parcel of such proceedings, even in those acts for which he/she has been acquitted.

Question 24

The prohibition against self-incrimination was articulated as early as 1897, when the Supreme Court heard the case of Bram v. U.S.

Question 25

Voluntary statements, of any kind, are barred by the Fifth Amendment.

Question 26

Miranda does not apply to the actions of private citizens, including store clerks and private security officers.

Question 27

Miranda warning are not necessary in cases in which three characteristics are present 1) an urgent need exists in which no other possibility abounds; 2) there is a possibility to save human life, and 3) the primary motive of the interrogator is rescue.

Question 28

The Court has ruled that the introduction of statements made by co-conspirators/co-defendants is not permissible.

Question 29

Escobedo v. Illinois was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired.

Question 30

Law enforcement officers in the United States are prohibited from extracting confessions through the use of physical torture, they are not entirely forbidden from collecting such through a variety of deceptive strategies, including the issuance of promises, threats, and lies.

Question 31

The Constitutional prohibition against self-incrimination does not apply to all actions by a defendant.

Question 32

The Court held that the freedom from self-incrimination offers protection against compulsion to submit to fingerprinting, photography, or measurements, to write or speak for identification, to appear in court, to stand, to assume a stance, to walk, or to make a particular gesture.

Question 33

Statements made prior to, during, or after a polygraph examination are privileged.

Question 34

The ______________ Amendment to the United States Constitution, includes provisions and/or prohibitions regarding: the grand jury system; double jeopardy; self-incrimination; due process; and impressment of private property.

Question 35

Prohibitions of double jeopardy were originally made available under common law in the form of a ___________ defense.

Question 36

The Court has repeatedly upheld a separate __________ exception to the double jeopardy clause, recognizing the duality of interests of federal and state governments.

Question 37

The right to due process is guaranteed to all citizens in all courts through the incorporation of the _______________ Amendment.

Question 38

Mandatory measures to be employed by police personnel to secure the rights of the accused are called ____________ warning.

Question 39

_____________ acknowledge guilt and includes information regarding each essential element of the criminal offense.

Question 40

The doctrinal underpinnings of ______________ do not require that it be applied in all its rigor to a situation in which police officers ask questions reasonably prompted by a concern for the public safety is known as the Public Safety Exception.

Question 41

The ____________ Clause of the Sixth Amendment provides for the cross-examination of all individuals and entities providing evidence against an accused.

Question 42

The ___________ rule established that a confession of a co-conspirator that identifies the defendant can only be used when the individual who confesses takes the witness stand and is subject to cross-examination.

Question 43

The Employee Polygraph Act protects employees of _______________ commerce business from most pre-employment screening and on-the-job polygraphs.

Question 44

Match up protection to the Amendment :

-Right to grand jury

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 45

Match up protection to the Amendment :

-Right to due process

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 46

Match up protection to the Amendment :

-Right of impressment of private property

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 47

Match up protection to the Amendment :

-Right to counsel during lineups

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 48

Match up protection to the Amendment :

-Incorporation to allow rights at state level

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 49

Match up protection to the Amendment :

-Right of the accused to confront his/her accuser

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 50

Match up protection to the Amendment :

-Right to illegal search and seizure

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 51

Match up protection to the Amendment :

-Addresses issues of physical evidence

A) Fifth Amendment
B) Sixth Amendment
C) Fourteenth Amendment
D) Fourth Amendment

Question 52

Explain the concept of double jeopardy and describe some exceptions to this clause.

Question 53

Discuss the parameters of Miranda.

Question 54

Discuss the situations when the protections afforded by the Fifth Amendment does not protect against self-incrimination.

Question 55

Pick a movie that addresses one of the key concepts discussed in the textbook. It can focus on confessions, double jeopardy, due process, a grand jury, a hung jury, or procedural defense. Summarize the specific scene as it relates to your chosen topic and write an analysis of that scene. Did the scene portray the legal aspects correctly? Was anything portrayed inaccurately?

Question 56

Confessions are often a large part of a conviction. In the past twenty-five years many of those convicted based primarily based on confessions have been found to be innocent through the use of DNA. Explain what constitutes a confession, discuss case law and rulings regarding confessions, and find one outside case in which an innocent person was convicted based on a faulty confession and describe the circumstances surrounding that case.