Deck 8: Interrogations and Confessions

Question 1

The Sixth Amendment right against self-incrimination applies to _____.

A)communicative evidence
B)the taking of blood samples
C)the examination of scars
D)all of the above

Answer 1

A

Question 2

Which of the following is not required for officers to invoke the public safety exception to Miranda?

A)A reasonable need to protect the officer or public must exist.
B)There must be innocent bystanders in the immediate area.
C)Officers must have a reasonable belief of immediate threat of harm.
D)Questions asked must be related to the public safety.

Answer 2

B

Question 3

The U.S. Supreme Court has held that when reading a suspect his/her Miranda rights, it is important that _____.

A)the police use the proper terminology as outline in Miranda
B)the police clearly inform the suspect of his/her rights
C)the police verify that the suspect completely understands these rights
D)the police at least attempt to convey the suspect his/her rights

Answer 3

B

Question 4

Escobedo v. Illinois extended the Sixth Amendment right to a lawyer to _____

A)the period prior to arrest
B)the period prior to indictment
C)pretrial proceedings
D)posttrial motions

Question 5

An innocent suspect who accepts the police's version of the facts and comes to believe he has committed the crime can be categorized as a/an _____.

A)voluntary false confessor
B)compliant false confessor
C)internalized false confessor
D)factually false confessor

Question 6

Which of the following is not one of the inherent purposes of the voluntariness test?

A)To solidify community-police relations
B)To ensure fundamental fairness for all suspects
C)To prevent the use of offensive police methods
D)To ensure suspects retain their free will

Question 7

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by _____.

A)a promise of lenient treatment
B)a false promise not to prosecute
C)threat of force
D)all of the above

Question 8

If a suspect makes a confession that results from drugs administered from the police that overpower the subject's rational intellect and free will, the confession is said to be _____.

A)forced
B)coerced
C)involuntary
D)irrational

Question 9

In what way is the concern of abusive police interrogations dealt with most frequently?

A)Interrogations are conducted in public.
B)Interrogations are videotaped.
C)Interrogations are conducted in the presence of a lawyer.
D)Interrogations are conducted using multiple officers.

Question 10

In order to invoke the right to silence, a suspect must convey this to the officers _____.

A)in a "clear and unambiguous" manner
B)in a "manner reasonably understood" by officers
C)by refusing to speak at all
D)by requesting the presence of an attorney

Question 11

At what point must police cease questioning due to an invocation of Miranda?

A)When there is any indication the suspect desires an attorney
B)When the suspect gives a statement that a reasonable officer should understand to be an invocation
C)When the suspect clearly and unambiguously requests the presence of an attorney
D)When the suspect clearly states "I want to speak to a lawyer"

Question 12

The U.S. operates under a/an _____ system of criminal procedure, in which the prosecutor must establish guilt and the defendant cannot be compelled to testify against him/herself.

A)accusatorial
B)adversarial
C)constitutional
D)inquisitorial

Question 13

Which of the following amendments to the U.S. Constitution is not used by the Court to ensure that confessions result from fair and constitutional procedures?

A)Fifth
B)Sixth
C)Ninth
D)Fourteenth

Question 14

Which of the following is not one of the primary reasons confessions play an important role in the criminal justice system?

A)They help by exonerating the innocent.
B)They are easier to obtain than physical evidence.
C)They help police solve crimes when physical evidence is lacking.
D)Acknowledging guilt is a significant step toward rehabilitation of the offender.

Question 15

A declaration in which an individual provides a fact that tends to establish his/her guilt is known as a/an _____.

A)admission
B)confession
C)elaboration
D)statement

Question 16

In Miranda v. Arizona, the Court held that absent the three-part warning of rights, any police interrogation is "_____".

A)unreasonable
B)unconstitutionally intimidating
C)inherently coercive
D)procedurally improper

Question 17

The primary issue addressed by the McNabb-Mallory rule is _____.

A)the amount of psychological coercion police can use during an interrogation
B)the amount of time between arrest and first appearance before a magistrate
C)whether police can promise leniency to a suspect in order to obtain a confession
D)how long police can interrogate a suspect before informing him/her of his right to counsel

Question 18

An innocent suspect who confesses out of a desire for publicity can be categorized as a/an _____.

A)voluntary false confessor
B)compliant false confessor
C)internalized false confessor
D)factually false confessor

Question 19

The U.S. Supreme Court has adopted which test to determine whether a custodial interrogation has taken place?

A)An objective test
B)A subjective test
C)A reasonableness test
D)The custody test

Question 20

Ashcraft v. Tennessee extended the protections afforded by the Due Process Clause to include _____.

A)physical abuse
B)psychological coercion
C)false promises by police
D)threats by police

Question 21

When police interrogate a suspect using the "question first and warn later" technique, which statements are admissible at trial?

A)Any statements before and after the warning are admissible.
B)Only the statement after the warning is admissible.
C)The statement after the warning is admissible, if the suspect understands that the initial statements are not.
D)Neither set of statements is admissible.

Question 22

Which of the following is not a constitutional limitation on police interrogations?

A)Fourteenth Amendment Due Process Clause
B)Second Amendment right to bear arms
C)Fifth Amendment Self-Incrimination Clause
D)Sixth Amendment right to counsel

Question 23

A suspect who falsely confesses to a crime due to mental impairment is a compliant false confessor.

Question 24

Words or actions on the part of the police that the police reasonably should know are likely to elicit some response from a suspect are known as _____.

A)functional equivalents of questioning
B)unspoken interrogation techniques
C)indirect questions
D)dark-room questions

Question 25

Which of the following factors may contribute to creating the danger of a false confession?

A)Police bias
B)Age and intelligence of the suspect
C)Lengthy interrogations
D)All of the above

Question 26

One common concern when it comes to confessions is that a suspect's IQ may be too low for him/her to fully appreciate the situation.

Question 27

The constitutional right to counsel during interrogation stems from the Fifth Amendment.

Question 28

A suspect who is interrogated for extended periods of time (about 24-plus hours) has likely been subjected to an incommunicado interrogation.

Question 29

Which of the following is an example of testimonial evidence?

A)Handwriting exemplars
B)Hair samples
C)An eyewitness account
D)Examination of tattoos

Question 30

By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his/her Miranda rights?

A)Probable cause
B)Modified probable cause
C)Preponderance of the evidence
D)Reasonable suspicion

Question 31

In the opinion for Davis v. United States, the U.S. Supreme Court held that the statement "maybe I should talk to a lawyer" is a sufficiently clear invocation of the suspect's Miranda rights.

Question 32

The Court stated in Escobedo v. Illinois that allowing a lawyer access to his/her client during interrogation would undoubtedly impede police interrogations and investigations.

Question 33

When reading a suspect his rights, it is vital that police use the exact terminology outlined by the Court in Miranda.

Question 34

Once a suspect has invoked his/her Miranda rights, police may continue questioning the suspect _____.

A)after 24 hours have passed
B)if the suspect initiates contact with the police
C)if the suspect's attorney refuses to meet with the suspect
D)only once an attorney is present

Question 35

What is required in court in order to establish a waiver of Miranda warnings?

A)The prosecution must establish a knowing, voluntary, and intelligent waiver by a preponderance of the evidence.
B)The defense must establish a knowing, voluntary, and intelligent waiver by a preponderance of the evidence.
C)The prosecution must establish a knowing, voluntary, and intelligent waiver beyond a reasonable doubt.
D)The defense must establish a knowing, voluntary, and intelligent waiver beyond a reasonable doubt.

Question 36

§ 3501 of the Omnibus Crime Control and Safe Streets Act of 1968 is the standard by which the courts decide the reasonableness of the amount of time a suspect is held before being brought before a magistrate.

Question 37

The Sixth Amendment applies to government actors at which point in the criminal process?

A)Once an investigation has begun
B)Once an investigation focuses on a specific individual
C)Once a suspect has been brought in for questioning
D)Once judicial proceedings have been initiated against a suspect

Question 38

In order to invoke the public safety exception to Miranda, police must only have asked questions directed to safeguard the public from harm.

Question 39

Police are given greater latitude when conducting an interrogation if they already possess evidence indicating the defendant's guilt.

Question 40

Ricco was recently arrested and interrogated by the police. He had been in custody for a lengthy period of time and, as a heroin addict, had begun to experience withdrawal. A doctor at the station was able to inject him with a mixture of substances to help ease his symptoms. Ricco promptly confessed. It was later discovered that the substance injected often has truth-telling properties. May there be a problem with Ricco's confession?

A)No, the confession was voluntary and there were no defects present.
B)Yes, the confession was likely not voluntary and only occurred as a result of the injection.
C)Yes, his age and intelligence may be called into question.
D)No, the confession was not a product of coercion.

Question 41

Do you think police officers should be required to read the Miranda warnings? Can you think of any alternatives that would still safeguard against a suspect's constitutional rights? Is it important to protect those rights? Why or why not?

Question 42

If the police use the "question first and warn later" interrogation technique, any statement made by the suspect is inadmissible at trial.

Question 43

Statements that are not direct questions but are designed intentionally to elicit a response from a suspect are treated as questions in regard to Miranda warnings.

Question 44

Individuals have a right to an attorney when they are arrested, yet they often aren't appointed a public defender for up to 48 hours after being brought into custody. If a lawyer was present upon arrest, he would likely advise a suspect to not say anything to the police. Is it a good thing for a suspect to have a lawyer present at the police station? Why or why not?

Question 45

Police may question a suspect who has invoked his/her Miranda rights about a different offense if the police have "scrupulously honored" the suspect's initial invocation.

Question 46

Miranda v. Arizona established one of the few situations in which a defendant must be informed of his/her rights. Using the Court's reasoning, explain why they did so. Additionally, consider the many exceptions to Miranda covered in the text. Explain a few of these exceptions and explain why the Court chose to carve out these exceptions instead of simply reversing or overturning the Miranda requirement.

Question 47

The state must show that a suspect _____ waived his/her Miranda rights, meaning that the suspect did not do so due to threats, tricks, or pressure.

Question 48

According to Inbau, many criminal cases can only be solved through _____.

Question 49

What has the U.S. Supreme Court held in regards to how clearly a suspect must invoke his Miranda rights? Use examples from the text (or other cases outside the text) to support your answer. How might these rulings affect police procedure when conducting interrogations? What, if anything, has the Court done to address any concerns on the part of the police and civil rights advocates?

Question 50

Once an officer has read a defendant his/her rights, the officer may assume the defendant understands these rights.

Question 51

Explain the three types of false confessors and give examples of each.

Question 52

What are the four interrelated purposes of the voluntariness test?

Question 53

The U.S. Supreme Court has stated that the objective of the voluntariness test is to provide _____.

Question 54

What is the difference between testimonial and nontestimonial evidence? Give examples of each.

Question 55

What does it mean to say we operate within an adversarial system instead of an inquisitorial legal system?

Question 56

The U.S. Supreme Court has condemned and banned the process of obtaining confessions through extreme physical and psychological abuse of suspects known as the _____.

Question 57

List and explain at least five of the factors to be considered in determining whether an individual would believe he/she is subject to a custodial interrogation.

Question 58

Once a suspect initiates contact with the police by asking them unnecessary questions, any invocation of his/her Miranda rights is waved.

Question 59

There are three primary criticisms of the due process test of voluntariness of confessions: a lack of clear police guidelines, the fact that defendants may falsely claim police misconduct, and that this lack of standards encourages (unnecessary) appeals and litigation. Explain the foundations behind these criticisms and how the Court has (or could) respond to them. Are these concerns enough of a concern to reconsider the policy? Why or why not?

Question 60

In order to invoke the right to silence, a suspect must make a _____ and _____statement.