Question 1

The Sixth Amendment right to counsel attaches when adversary judicial proceedings have commenced in a criminal case.

Accepted Answer

This is a correct statement according to the United States Constitution. Once adversary judicial proceedings have commenced, the defendant has a right to counsel.

Question 2

The fruit of the poisonous tree doctrine is applicable to all violations of Miranda.

Accepted Answer

The "fruit of the poisonous tree" doctrine applies to evidence obtained through violations of the Fourth Amendment's protection against unreasonable searches and seizures, not directly to Miranda violations, which concern the Fifth Amendment's protection against self-incrimination.

Question 3

For a confession to be admissible it must be in writing,or be available on audio or video.

Accepted Answer

A confession does not have to be in writing or available on audio or video to be admissible. It can also be given orally, but the court will consider the circumstances surrounding the confession to determine its reliability and truthfulness.

Question 4

A confession cannot be a simple "yes" or "no" answer to a question.

Accepted Answer

A confession can be a simple "yes" or "no" if the question directly asks about the person's involvement or guilt in a matter.

Question 5

The test for voluntariness,according to the United States Supreme Court is:

Accepted Answer

The test for voluntariness is the totality of circumstances. This means that the court will look at all relevant factors to determine if a confession or statement was made voluntarily, including the suspect's age, education, and intelligence, as well as any coercion, threats, or promises made by law enforcement. Miranda, McNabb-Mallory Rule, and Prompt Arraignment Rule are all procedures or rules that deal with the admissibility of confessions or statements, but do not directly address the issue of voluntariness.

Question 6

A defendant's statement while in police custody is admissible unless

Accepted Answer

In order for a defendant's statement while in police custody to be admissible in court, the prosecution must prove that the statement was made voluntarily and that specific rights, such as the right to remain silent and the right to an attorney, were waived before the statement was made. Therefore, both (a) and (b) must be proven by the prosecution for the statement to be admissible. Option (D) is incorrect as a defendant's statement while in police custody is not always admissible.

Question 7

In all jurisdictions,if the judge decides that the confession is voluntary,the judge instructs the jury on the definition of voluntariness and instructs the jury to consider the confession as evidence only if it finds that the confession was voluntary.

Accepted Answer

The practice of instructing the jury on the definition of voluntariness and its role in considering the confession as evidence varies by jurisdiction. In some jurisdictions, once the judge determines a confession is voluntary, it is admitted as evidence without further instruction to the jury on voluntariness. In others, the jury may also play a role in assessing voluntariness.

Question 8

If a statement obtained in violation of Miranda leads to the discovery of other evidence,that derivative fruit of the poisonous tree is NOT barred by the exclusionary rule applied to Miranda.

Accepted Answer

The exclusionary rule applies only to evidence obtained directly or indirectly from statements obtained in violation of Miranda. Other evidence discovered as a result of this statement is considered a derivative fruit of the poisonous tree and is admissible unless it falls under a separate exclusionary rule (such as the Fourth Amendment's exclusionary rule for illegally obtained physical evidence).

Question 9

If the appellate court concludes from the record of the case that the confession was improperly obtained,the conviction will always be reversed.

Accepted Answer

If the appellate court concludes that the confession was improperly obtained, the conviction may still be upheld if the court determines that the error was harmless and did not impact the outcome of the trial. Therefore, the reversal of the conviction is not always guaranteed.

Question 10

The Sixth Amendment prohibits deliberately eliciting statements after counsel has been obtained.

Accepted Answer

The Sixth Amendment includes the right to counsel, and once a defendant has obtained counsel, any deliberately elicited statements from them would violate their rights.

Question 11

Which of the following is NOT a reason for excluding the use of coerced confessions?

Accepted Answer

The Fourth Amendment provides protection against unreasonable searches and seizures and requires warrants to be based on probable cause, but it does not explicitly mention coerced confessions. The exclusionary rule, which allows for the exclusion of evidence obtained in violation of constitutional rights, has been used by courts to exclude coerced confessions.

Question 12

The prosecution must prove beyond a reasonable doubt that the confession was properly obtained.

Accepted Answer

The answer of The prosecution must prove beyond a reasonable...

Question 13

Which one of the following statements CANNOT be an opposing party's statement (admissions)?

Accepted Answer

An opposing party's statement (admission) is something that can be used against them in court. Saying "I was not at the crime scene" is a denial of involvement, not an admission of something that could be used against them, unlike the other statements which admit to potentially incriminating actions or knowledge.

Question 14

The Fifth Amendment,the Sixth Amendment,and decisions such as Miranda,have basically eradicated the use of confessions in law enforcement.

Accepted Answer

While the Fifth and Sixth Amendments, along with court decisions such as Miranda, have placed limitations on the admissibility of confessions obtained through coercion or without proper legal procedures, confessions are still used in law enforcement investigations when obtained legally and voluntarily.

Question 15

A Miranda violation is NOT a constitutional violation.

Accepted Answer

Miranda rights are constitutionally protected rights, specifically the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel. Therefore, a violation of Miranda rights is a constitutional violation.

Question 16

The United States Supreme Court has long excluded confessions obtained through the use of violence or inhumane treatment of the accused for the following reason(s)

Accepted Answer

The Due Process Clause of the Fourteenth Amendment and the Self-Incrimination Clause of the Fifth Amendment are the primary constitutional provisions that the Supreme Court has relied on to exclude confessions obtained through violence or inhumane treatment. The Due Process Clause ensures fair treatment through the judicial system, and the Self-Incrimination Clause protects individuals from being compelled to testify against themselves. These principles aim to ensure that confessions are given voluntarily and are reliable. The Eighth Amendment's focus is on the punishment phase, not the evidence-gathering phase, making it less directly relevant to the exclusion of confessions obtained through coercion.

Question 17

A statement obtained in violation of Miranda can be used to impeach the defendant's testimony.

Accepted Answer

A statement obtained in violation of Miranda cannot be used as evidence in the prosecution's case-in-chief, but it can be used to impeach the defendant's testimony if they contradict it on the stand. However, the use of such a statement is subject to strict limitations and must still meet certain admissibility requirements.

Question 18

The Supreme Court of the United States has held that the right to counsel attaches when there is a custodial interrogation.

Accepted Answer

The answer of The Supreme Court of the United States...

Question 19

If a violation of Miranda is deliberate,any subsequent statement taken after giving the proper warnings is admissible,provided the police take "curative measures" before the later statement is made.

Accepted Answer

If a violation of Miranda rights is deliberate, any subsequent statement can be admissible if the police take "curative measures" to ensure the suspect is fully aware of their rights before making the later statement. This involves properly administering Miranda warnings and ensuring the suspect understands their rights before proceeding with questioning.

Question 20

If the defendant is convicted and he or she appeals,the appellate court is barred from reviewing the voluntariness of a confession because that is a question of fact for the jury.

Accepted Answer

The appellate court can review the voluntariness of a confession to ensure that the defendant's constitutional rights were not violated, even though it is a question of fact initially determined by the jury.

Quiz 8: Opposing Partys Statements Admissionsand Confessions