Question 1

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

Accepted Answer

In legal contexts, while some deception may be allowed during interrogations, psychological coercion and false promises can render a confession involuntary and inadmissible in court.

Question 2

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

Accepted Answer

Courts do use the totality of the circumstances test to determine if a confession is voluntary.

Question 3

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

Accepted Answer

The Fifth and Sixth Amendments specifically apply to testimonial evidence, which includes statements made by witnesses or defendants. Nontestimonial evidence, such as physical evidence, is not covered by these amendments.

Question 4

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.

Accepted Answer

According to the Miranda warning, a suspect must be advised of their rights before questioning. If there is any doubt about the suspect's ability to understand English, the questioning should be delayed until they can be properly advised in their native language. This is to ensure that the suspect fully understands their rights and can make informed decisions about whether to exercise them or not.

Question 5

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

Accepted Answer

The Fifth Amendment protects against self-incrimination, which means that a person cannot be compelled to testify against themselves.

Question 6

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

Accepted Answer

This is a well-established principle in criminal law. It is the responsibility of the prosecution to prove that a confession was voluntarily given and was not the result of coercion or intimidation. This is because the Fifth Amendment to the United States Constitution guarantees the right against self-incrimination, and any confession that is not given voluntarily is considered a violation of this right.

Question 7

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

Accepted Answer

The length of the interrogation is indeed one factor considered by the courts in determining the voluntariness of a confession. Other factors include the suspect's age, mental state, and whether any promises or threats were made by law enforcement during the interrogation.

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 after the __________ and other witnesses have been questioned

Accepted Answer

The answer of An interview during a criminal investigation should...

Question 9

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

Accepted Answer

The answer of Regardless of the type of interview or...

Question 10

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.

Accepted Answer

The statement is admissible in the three major exceptions mentioned, even if Miranda warnings were not given, as long as the statement was voluntarily made.

Question 11

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

Accepted Answer

The answer of An)__________ is a non-accusatory questioning of an...

Question 12

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

Accepted Answer

The answer of An interview that is used by law...

Question 13

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

Accepted Answer

The rule against self-incrimination allows an individual to refuse to answer questions that might incriminate them. However, if immunity is granted, it typically removes the risk of prosecution based on the individual's testimony, thus negating the need for the protection against self-incrimination in that context.

Question 14

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

Accepted Answer

A confession or statement taken from a suspect must be voluntary in order to be admissible in court. This means that the suspect must have given the statement freely and without coercion or duress from law enforcement. The voluntariness test is used to determine if a confession or statement meets this standard.

Question 15

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.

Accepted Answer

If individuals indicate that they do not want to talk or they want to see an attorney, questioning must stop until they have had the opportunity to speak with an attorney or choose to voluntarily waive their right to an attorney and continue the conversation. If they later state again that they do not want to talk or want an attorney, questioning must stop again.

Question 16

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

Accepted Answer

Both the Fifth and Sixth Amendments provide protections against self-incrimination and ensure the right to counsel during interrogations.

Question 17

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

Accepted Answer

Listening without empathy means receiving the message but not showing understanding or care towards the speaker's emotions or perspective. It is a passive response that lacks the active effort to connect and understand the speaker.

Question 18

False promises can never make the confession involuntary.

Accepted Answer

False promises can create a coercive environment, which can lead to an involuntary confession.

Question 19

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

Accepted Answer

The answer of A written statement may be handwritten,typewritten,or __________...

Question 20

Poor listening habits frequently cause the loss of information.

Accepted Answer

Poor listening habits, such as being distracted, interrupting, or not paying attention, can lead to missing important details or not retaining information accurately. Therefore, poor listening habits can cause the loss of information.

Quiz 5: Interviewing and Interrogating