Deck 18: Confessions and Admissions: Cases Affirming Miranda
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Deck 18: Confessions and Admissions: Cases Affirming Miranda
1
Miranda warnings must be given whenever there is a ________.
A) Conversation between the police and a suspect
B) Questioning
C) Custodial interrogation
D) Traffic stop detention
A) Conversation between the police and a suspect
B) Questioning
C) Custodial interrogation
D) Traffic stop detention
Custodial interrogation
2
Which of the following cases rendered inadmissible in court any evidence obtained as a result of physical torture?
A) Arizona v. Fulminante
B) Miranda v. Arizona
C) Minnick v. Mississippi
D) Brown v. Mississippi
A) Arizona v. Fulminante
B) Miranda v. Arizona
C) Minnick v. Mississippi
D) Brown v. Mississippi
Brown v. Mississippi
3
What was the case that gave way to the Miranda warnings?
A) Miranda v. Ohio
B) Miranda v. Mississippi
C) Miranda v. Escobedo
D) Miranda v. Arizona
A) Miranda v. Ohio
B) Miranda v. Mississippi
C) Miranda v. Escobedo
D) Miranda v. Arizona
Miranda v. Arizona
4
Once an accused asks for or has a lawyer, the police must not interrogate the accused except:
A) In the presence of a lawyer
B) If the accused initiates further communication with the police
C) Both of the above apply
D) None of the above
A) In the presence of a lawyer
B) If the accused initiates further communication with the police
C) Both of the above apply
D) None of the above
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5
The Miranda rule applies to:
A) The roadside questioning of a motorist detained pursuant to a routine traffic stop
B) Custodial interrogations for felony and misdemeanor offenses
C) Custodial interrogations for felony offenses only
D) All non-custodial interrogations
A) The roadside questioning of a motorist detained pursuant to a routine traffic stop
B) Custodial interrogations for felony and misdemeanor offenses
C) Custodial interrogations for felony offenses only
D) All non-custodial interrogations
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6
The practice by many appellate courts of automatically reversing any conviction involving the erroneous admission of a confession, regardless of the confession's significance, has now been replaced by the ________ doctrine.
A) "Harmful error"
B) "Good faith"
C) "Harmless error"
D) "Trial error"
A) "Harmful error"
B) "Good faith"
C) "Harmless error"
D) "Trial error"
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7
In ________, the U.S. Supreme Court held that Miranda is a constitutional rule, not just a rule of evidence, and therefore it cannot be undone by legislation.
A) Dickerson v. United States
B) Kaupp v. Texas
C) Arizona v. Fulminante
D) Escobedo v. Illinois
A) Dickerson v. United States
B) Kaupp v. Texas
C) Arizona v. Fulminante
D) Escobedo v. Illinois
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8
What standard should be used to determine the admissibility of statements given to the police after a suspect has been indicted?
A) The Fifth Amendment self-incrimination standard
B) The Sixth Amendment right to counsel standard
C) The Fourth Amendment prohibition against unlawful searches and seizures
D) The Fourteenth Amendment right to due process of law
A) The Fifth Amendment self-incrimination standard
B) The Sixth Amendment right to counsel standard
C) The Fourth Amendment prohibition against unlawful searches and seizures
D) The Fourteenth Amendment right to due process of law
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9
As decided in J.D.B. v. North Carolina, which of the following must be considered as a factor in deciding issues of custody and Miranda warnings.
A) The suspect's demeanor
B) The suspect's sex/gender
C) The suspect's age
D) The suspect's race and ethnic background
A) The suspect's demeanor
B) The suspect's sex/gender
C) The suspect's age
D) The suspect's race and ethnic background
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10
Miranda is likely the best-known case is law enforcement.
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11
Miranda is important because it changed the way courts determine the admissibility of a confession obtained from an in-custody suspect.
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12
A person subjected to a police detention must be given Miranda warnings regardless of the nature or severity of the offense.
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13
The Fifth Amendment privilege against self-incrimination has always been applicable to the states.
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14
Once a suspect invokes his or her rights after having been given the Miranda warnings, interrogation must continue cautiously.
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15
A suspect who has invoked the right to counsel may not be subjected to a police-initiated interrogation even if the interrogation concerns a different crime.
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16
A confession must be suppressed if it is obtained during a detention where officers did not have probable cause for an arrest and where the detention amounted to the functional equivalent of an arrest.
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17
Research has indicated that youths have a higher likelihood of making false confessions due to the pressures of custodial interrogation.
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18
Tom is being interrogated by the police but he is not in custody. Tom was not given the Miranda Warning. This would constitute a constitutional violation.
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19
Confessions obtained as a result of brutality and coercion are sometimes admissible in court.
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20
Once a defendant is appointed counsel at a formal court proceeding (e.g. arraignment), they may not validly waive their right to counsel for police interrogation.
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