Deck 8: Interrogations and Confessions

Question 1

Which Constitutional amendment is most applicable to interrogations and confessions?

A) The Fifth
B) The Sixth
C) The Eighth
D) The Fourteenth

Answer 1

The Fifth

Question 2

The Fifth Amendment protects against:

A) Unreasonable searches and seizures.
B) Violations of the right to counsel.
C) Self-incrimination.
D) Cruel and unusual punishment.

Answer 2

Self-incrimination.

Question 3

Which of the following, by itself, will automatically render a confession involuntary?

A) Psychological pressures
B) Promises of leniency
C) Deception
D) None of the above

Answer 3

None of the above

Question 4

Which of the following can be considered ?characteristics of the accused? that may render a confession involuntary?

A) Age
B) Mental history
C) Fatigue
D) Pain
E) All of the above

Question 5

Which of the following is the ?Christian burial? case in which the Supreme Court held that the police violated the suspect's Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information?

A) Miranda v. Arizona
B) United States v. Henry
C) Brewer v. Williams
D) Kuhlmann v. Wilson

Question 6

Which of the following is NOT considered a ?criminal proceedings??

A) An arrest
B) A preliminary hearing
C) Formal charges
D) Grand jury investigations
E) Information

Question 7

When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. This is known as the:

A) Miranda approach.
B) Messiah doctrine.
C) Due process voluntariness approach.
D) Fifth Amendment rule.

Question 8

Which of the following is NOT considered a ?criminal proceeding??

A) A trial
B) Juvenile delinquency hearing
C) Capital sentencing hearing
D) Questioning of a person of interest

Question 9

In which case did the Supreme Court hold that the prosecution ?may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant…??

A) Massiah v. United States
B) Rochin v. California
C) Miranda v. Arizona
D) Kirby v. Illinois

Question 10

Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?

A) Custody
B) General questioning
C) Formal criminal proceedings
D) Police focus on a suspect

Question 11

Which of the following is NOT an essential element of the Miranda warnings?

A) ?You have the right to remain silent.?
B) ?You have the right to an attorney.?
C) ?If you cannot afford an attorney, one will be provided for you.?
D) ?You have the right to stop answering questions at any time."

Question 12

Custody is defined by the Supreme Court as:

A) A person has been taken into ?custody.?
B) A person has been formally arrested.
C) A person has been deprived of his freedom of action in any significant way.
D) A reasonable man in the suspect's position would have understood he was in custody.
E) All of the above

Question 13

Which of the following can be considered interrogation for Miranda purposes?

A) Formal questioning
B) Functional equivalent of questioning
C) Asking a question that is reasonably likely to elicit an incriminating response
D) A mere conversation between police officers designed to elicit an incriminating response
E) All of the above

Question 14

A Miranda waiver must be:

A) Knowing.
B) Intelligent.
C) Voluntary.
D) All of the above

Question 15

What is the appropriate level of proof for showing a valid Miranda waiver?

A) Proof beyond a reasonable doubt
B) Probable cause
C) Preponderance of evidence
D) Clear and convincing evidence

Question 16

After a suspect asserts his or her Miranda rights, questioning:

A) Must cease as a general rule.
B) May continue under limited circumstances.
C) Should be avoided.
D) Can occur later on another crime with a new Miranda advisement and waiver.
E) All of the above

Question 17

In which recent case did the Supreme Court reaffirm Miranda?

A) Massiah v. United States
B) Dickerson v. United States
C) Harris v. New York
D) United States v. Bayer

Question 18

The ________ exception to Miranda exists if a threat exists to third parties.

A) Exigent circumstances
B) Public safety
C) Emergency
D) Impracticality

Question 19

With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding?

A) Preliminary hearing
B) Indictment
C) Arraignment
D) Formal charge
E) All of the above

Question 20

Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is:

A) Voluntary in the Fourteenth Amendment's due process sense.
B) Not obtained in violation of the Fifth Amendment.
C) Not obtained in violation of the Sixth Amendment.
D) Obtained with a search warrant.

Question 21

Physical brutality to coerce a confession violates the Fourteenth Amendment.

Question 22

Intoxication and pain are two characteristics of the suspect used by the courts to determine voluntariness of a statement.

Question 23

In some instances, fatigue and pain can render an accused's statement involuntary.

Question 24

A preliminary hearing is considered a criminal proceeding for purpose of Miranda requirements.

Question 25

If a person fails to assert Sixth Amendment protection, and a waiver is ?voluntary and intelligent,? then whatever that person says will be admissible.

Question 26

Police questioning automatically triggers the protections afforded by the Fifth Amendment.

Question 27

According to the Supreme Court in Miranda, custody exists only when a person has been taken into custody and formally arrested.

Question 28

A mere conversation between police officers designed to elicit an incriminating response-even if the conversation is not directed toward the suspect-can require Miranda warnings.

Question 29

Miranda warnings are required, even if public safety is in jeopardy.

Question 30

In addition to the requirement that a valid Miranda waiver must be knowing and intelligent, it must also be voluntary.

Question 31

As a general rule, questioning must cease once an accused asserts his or her right to remain silent.

Question 32

The police conduct in the ?Christian burial? case violated the suspect's Fourteenth Amendment due process rights.

Question 33

An indictment can be considered a formal criminal proceeding.

Question 34

The right to counsel is guaranteed by the ________ Amendment.

Question 35

The Supreme Court decided in ________ v. Illinois that the Sixth Amendment is implicated whenever the ʺadverse positions of the government and defendant have solidifiedʺ so that ʺa defendant finds himself faced with the prosecutorial forces of organized society, and immersed in the intricacies of substantive and procedural criminal law.ʺ

Question 36

When a person is being interviewed at a police station and they do not feel free to leave, this would be considered a(n) ________ situation.

Question 37

Miranda defined ________ as ʺquestioning initiated by law enforcement officers.ʺ

Question 38

Interrogation under Miranda consists of direct questioning or the ________ equivalent of questioning.

Question 39

Miranda v. Arizona held that the compulsion protected against by the Fifth Amendment privilege against self-incrimination occurs in police ________ interrogation.

Question 40

A valid Miranda waiver must be ________, intelligent, and voluntary.

Question 41

The ________ safety exception to Miranda exists if a threat exists to third parties.

Question 42

In Dickerson v. United States (2000) Chief Justice Rehnquist wrote that, ʺWe hold that the Miranda, being a constitutional decision of this Court, may not be in effect overruled by an Act of ________.ʺ

Question 43

Harris v. New York held that admissions made without proper Miranda warnings being administered could be introduced into evidence to ________ a defendant who testifies at his trial.

Question 44

Match the term with the correct definition with regards to interrogations.

-Confession

A) What protects suspects from improper interrogation procedures and from being forced to supply illegally obtained confessions.
B) When a person can simply admit to involvement in a crime without any police encouragement.
C) The requirement that any confession be voluntary under the ?totality of circumstances.?
D) When a person implicates him or herself in criminal activity following police questioning and/or interrogation.

Question 45

Match the term with the correct definition with regards to interrogations.

-Admission

A) What protects suspects from improper interrogation procedures and from being forced to supply illegally obtained confessions.
B) When a person can simply admit to involvement in a crime without any police encouragement.
C) The requirement that any confession be voluntary under the ?totality of circumstances.?
D) When a person implicates him or herself in criminal activity following police questioning and/or interrogation.

Question 46

Match the term with the correct definition with regards to interrogations.

-Due process voluntariness approach

A) What protects suspects from improper interrogation procedures and from being forced to supply illegally obtained confessions.
B) When a person can simply admit to involvement in a crime without any police encouragement.
C) The requirement that any confession be voluntary under the ?totality of circumstances.?
D) When a person implicates him or herself in criminal activity following police questioning and/or interrogation.

Question 47

Match the term with the correct definition with regards to interrogations.

-Fifth Amendment

A) What protects suspects from improper interrogation procedures and from being forced to supply illegally obtained confessions.
B) When a person can simply admit to involvement in a crime without any police encouragement.
C) The requirement that any confession be voluntary under the ?totality of circumstances.?
D) When a person implicates him or herself in criminal activity following police questioning and/or interrogation.

Question 48

Match the court case with the correct ruling with regards to the voluntariness of confessions.

-Chambers v. Florida

A) Confessions of murder procured by repeated inquisitions of prisoners without friends or counselors present, and under circumstances to inspire terror, held compulsory.
B) The suspect was questioned for 38 hours with only one 5-minute break so the confession was deemed involuntary.
C) The Supreme Court held that a police officer's false statement that a co-defendant implicated the accused was not sufficient to produce an involuntary statement.
D) A mentally challenged 19-year-old was held incommunicado for three days without counsel and given little food. His resulting confession was deemed involuntary.

Question 49

Match the court case with the correct ruling with regards to the voluntariness of confessions.

-Ashcraft v. Tennessee

A) Confessions of murder procured by repeated inquisitions of prisoners without friends or counselors present, and under circumstances to inspire terror, held compulsory.
B) The suspect was questioned for 38 hours with only one 5-minute break so the confession was deemed involuntary.
C) The Supreme Court held that a police officer's false statement that a co-defendant implicated the accused was not sufficient to produce an involuntary statement.
D) A mentally challenged 19-year-old was held incommunicado for three days without counsel and given little food. His resulting confession was deemed involuntary.

Question 50

Match the court case with the correct ruling with regards to the voluntariness of confessions.

-Payne v. Arkansas

A) Confessions of murder procured by repeated inquisitions of prisoners without friends or counselors present, and under circumstances to inspire terror, held compulsory.
B) The suspect was questioned for 38 hours with only one 5-minute break so the confession was deemed involuntary.
C) The Supreme Court held that a police officer's false statement that a co-defendant implicated the accused was not sufficient to produce an involuntary statement.
D) A mentally challenged 19-year-old was held incommunicado for three days without counsel and given little food. His resulting confession was deemed involuntary.

Question 51

Match the court case with the correct ruling with regards to the voluntariness of confessions.

-Frazier v. Cupp

A) Confessions of murder procured by repeated inquisitions of prisoners without friends or counselors present, and under circumstances to inspire terror, held compulsory.
B) The suspect was questioned for 38 hours with only one 5-minute break so the confession was deemed involuntary.
C) The Supreme Court held that a police officer's false statement that a co-defendant implicated the accused was not sufficient to produce an involuntary statement.
D) A mentally challenged 19-year-old was held incommunicado for three days without counsel and given little food. His resulting confession was deemed involuntary.

Question 52

Determine if the described situation is a custodial situation or a noncustodial situation. Answers can be used more than once.

-Police questioning in a person's home

A) Noncustodial situation.
B) Custodial situation.

Question 53

Determine if the described situation is a custodial situation or a noncustodial situation. Answers can be used more than once.

-Suspect is arrested and forced to go to police station for questioning

A) Noncustodial situation.
B) Custodial situation.

Question 54

Determine if the described situation is a custodial situation or a noncustodial situation. Answers can be used more than once.

-Traffic stop

A) Noncustodial situation.
B) Custodial situation.

Question 55

Determine if the described situation is a custodial situation or a noncustodial situation. Answers can be used more than once.

-Suspect voluntarily goes to a police station for questioning and is free to leave

A) Noncustodial situation.
B) Custodial situation.

Question 56

Define confession and admission and discuss how they are different.

Question 57

Explain the role of the Fourteenth Amendment's due process clause regarding confessions.

Question 58

Explain what the court considers ʺcustodyʺ for Miranda purposes.

Question 59

The exclusionary rule operates differently in the confessions/interrogation context (compared to in the Fourth Amendment context. Explain the difference.

Question 60

What is your opinion of the Supreme Court's decision in Miranda? Is Miranda necessary? Why do you feel this way?

Question 61

The Supreme Court recently revisited Miranda in the Dickerson case. Do you agree or disagree with the Dickerson holding? Explain your answer.