Question 1

The Massiah rule is designed to protect the defendant's

Accepted Answer

The Massiah rule is rooted in the Sixth Amendment right to counsel, specifically the right to have an attorney present during critical stages of a criminal proceeding. This rule holds that once a defendant has been formally charged with a crime and has retained counsel or has been appointed counsel, any statements made by the defendant to a government agent without the presence of counsel are inadmissible as evidence against the defendant at trial.

Question 2

Which of the following warnings is not required by Miranda?

Accepted Answer

Miranda warnings include the right to remain silent, the right to an attorney, and that anything said can be used against the individual in court. However, they do not explicitly state that a suspect has the right to terminate the interrogation at any time.

Question 3

In cases where the voluntariness of a confession is challenged, courts will look at the

Accepted Answer

When the voluntariness of a confession is challenged, courts will examine the totality of the circumstances to determine if the confession was made voluntarily or if any coercion was involved. This includes factors such as the suspect's age, education, mental capacity, physical and emotional state, and the nature of the police questioning. The corpus delicti refers to the body of evidence that proves a crime was committed, while res gestae refers to the spontaneous declarations or actions made by a suspect that are related to the crime. The type of crime is not relevant in determining the voluntariness of a confession.

Question 4

After a suspect is charged with a crime, his/her _____Amendment right to an attorney must be observed.

Accepted Answer

The Sixth Amendment to the United States Constitution guarantees the right to counsel in criminal cases. This means that after a suspect is charged with a crime, they have the right to an attorney.

Question 5

The requirement that only voluntary confessions be admitted grows out of the ____________ Amendment.

Accepted Answer

The Fifth Amendment guarantees an individual's right against self-incrimination and protects them from being forced to confess to a crime. As a result, only voluntary confessions are admissible in court.

Question 6

In criminal cases in most states, polygraph evidence

Accepted Answer

The answer of In criminal cases in most states, polygraph...

Question 7

Under the ____________ rule, a conviction cannot be based solely on an uncorroborated confession.

Accepted Answer

The corpus delicti rule requires independent evidence, beyond a defendant's confession, to establish the elements of a crime before a defendant can be convicted.

Question 8

Any statement or conduct from which guilt of the crime can be inferred is called a/an?

Accepted Answer

An incriminating statement is any statement or conduct that suggests or implies guilt of a crime. This can include statements made to law enforcement, witness testimony, or even behavior that is consistent with the commission of the crime. Perjury and accomplice testimony can also be incriminating, but they are not as broad of a category as incriminating statements. Confessions, while certainly incriminating, are a specific type of statement that explicitly admit guilt.

Question 9

The rescue doctrine used in California courts is similar to the Supreme Court's ___________ exception to Miranda.

Accepted Answer

The rescue doctrine in California allows evidence obtained during a warrantless search and seizure to be admissible in court if the search was made for the purpose of saving someone's life or property from imminent harm. Similarly, the Supreme Court's public safety exception to Miranda allows law enforcement officers to question suspects without first reading them their Miranda rights if there is an immediate threat to public safety. Therefore, the correct answer is C) public safety.

Question 10

In Dickerson v.U.S.(2000), the U.S.Supreme Court held that Congress

Accepted Answer

In Dickerson v. U.S., the U.S. Supreme Court held that Congress cannot overrule the Miranda warning requirement through legislation. Therefore, choices B, C and D are incorrect.

Question 11

The Bruton rule is designed to protect the defendant's

Accepted Answer

The Bruton rule, established in the Supreme Court case of Bruton v. United States, aims to protect the defendant's Sixth Amendment right to confrontation by prohibiting the admission of a co-defendant's out-of-court statement that incriminates the defendant unless the co-defendant is available for cross-examination.

Question 12

To be admissible as evidence, confessions and statements must be made ________ and freely.

Accepted Answer

For a confession or statement to be admissible as evidence, it must have been made voluntarily by the person giving it. This means that the person must not have been coerced or threatened into making the statement.

Question 13

A police officer is charged with a criminal offense.He is told by the Chief that if he takes the Fifth Amendment during the investigation, he will be fired.He gives a confession.The confession

Accepted Answer

The police officer's confession would likely be considered coerced because he was threatened with termination if he invoked his Fifth Amendment right to remain silent. Coerced confessions are inadmissible under the Due Process Clause of the 14th Amendment to the U.S. Constitution.

Question 14

Miranda v._________requirements were added to the law regardin interrogation.

Accepted Answer

The requirements for warning criminal suspects of their rights before questioning, known as Miranda rights or Miranda warnings, originated from the Supreme Court case Miranda v. Arizona in 1966. Therefore, the correct choice is D.

Question 15

A/n ___is any statement or conduct from which guilt of the crime can be inferred.

Accepted Answer

An incriminating statement is any statement or conduct that implies guilt for a crime. It could be a statement made to an officer during the arrest or a statement made while in custody. It could also be a written statement or any other kind of evidence that suggests that the suspect is guilty of the crime. Confession, excited utterance, and dying declaration are specific types of incriminating statements.

Question 16

A ________is a direct acknowledgement of guilt.

Accepted Answer

A confession is a direct acknowledgement of guilt, where the person admits to committing the crime. Option B) "no contest" and C) "nolo contendre" indicate that the defendant does not contest the charges but are not admissions of guilt. Option D) Alibi is a defense that argues the defendant was not present at the crime scene at the time the crime was committed.

Question 17

The U.S.Supreme Court has created a/n ____________ exception to Miranda.

Accepted Answer

The U.S. Supreme Court created the "public safety" exception to the Miranda warning requirement in the case of New York v. Quarles. This exception allows law enforcement officers to ask questions in situations where there may be an immediate threat to public safety, such as when searching for a dangerous weapon. The Court held that Miranda warnings can be temporarily set aside in order to address such urgent public safety concerns.

Question 18

To be entitled to Miranda warnings, the suspect must be both

Accepted Answer

Miranda warnings are necessary when a person is in custody and being interrogated by the government. The other options do not fully align with the requirements for Miranda warnings.

Question 19

There are _____ Miranda requirements.

Accepted Answer

The Miranda requirements consist of four key rights that must be communicated to an individual during an arrest: the right to remain silent, that anything said can and will be used against them in a court of law, the right to consult with an attorney and have that attorney present during questioning, and if they cannot afford an attorney, one will be appointed for them.

Question 20

Which of the following is not required under Miranda before confessions are admissible?

Accepted Answer

The Miranda requirements do not include the presence of an attorney during warnings and waiver. The individual has the right to an attorney, but it is not required for their confession to be admissible. Proper warnings, understanding of the warnings, and a voluntary waiver are all required under Miranda.

Quiz 12: Obtaining Statements and Confessions for Use As Evidence