Deck 19: Confessions and Admissions: Cases Weakening Miranda
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Question
Unlock Deck
Sign up to unlock the cards in this deck!
Unlock Deck
Unlock Deck
1/21
Play
Full screen (f)
Deck 19: Confessions and Admissions: Cases Weakening Miranda
1
The admission into evidence of a suspect's refusal to submit to a blood-alcohol test does not violate the suspect's ________.
A) Protection against unreasonable searches and seizures
B) Privilege against self-incrimination
C) Due process rights
D) Right to counsel
A) Protection against unreasonable searches and seizures
B) Privilege against self-incrimination
C) Due process rights
D) Right to counsel
Privilege against self-incrimination
2
Which of the following cases carves out a "public safety" exception to the Miranda rule?
A) Oregon v. Elstad
B) Carroll v. United States
C) New York v. Quarles
D) Dickerson v. United States
A) Oregon v. Elstad
B) Carroll v. United States
C) New York v. Quarles
D) Dickerson v. United States
New York v. Quarles
3
In which of the following cases the Supreme Court held that confessions and admissions are involuntary and invalid under the Constitution only if coercive police activity is involved.
A) United States v. Patane
B) Colorado v. Connelly
C) New York v. Quarles
D) Dickerson v. United States
A) United States v. Patane
B) Colorado v. Connelly
C) New York v. Quarles
D) Dickerson v. United States
Colorado v. Connelly
4
In Pennsylvania v. Muniz, the Court ruled that the police may validly ask ________ questions of persons suspected of driving while intoxicated and videotape their responses without giving them the Miranda warnings.
A) Routine
B) Non-routine
C) Testimonial
D) Reasonable
A) Routine
B) Non-routine
C) Testimonial
D) Reasonable
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
5
The Miranda rule protection against self-incrimination prohibits only ________ self-incrimination and does not prohibit ________ self-incrimination.
A) Physical/testimonial
B) Testimonial/physical
C) Reasonable/unreasonable
D) Unreasonable/reasonable
A) Physical/testimonial
B) Testimonial/physical
C) Reasonable/unreasonable
D) Unreasonable/reasonable
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
6
In ________, the Court held that the request for counsel at a bail hearing is different from a request for counsel when being interrogated by the police for a crime.
A) McNeil v. Wisconsin
B) Colorado v. Connelly
C) New York v. Quarles
D) Dickerson v. United States
A) McNeil v. Wisconsin
B) Colorado v. Connelly
C) New York v. Quarles
D) Dickerson v. United States
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
7
What did the Court established in Davis v. United States regarding the continuation of questioning in cases where a suspect has knowingly and voluntarily waived his or her Miranda rights?
A) Questioning must stop as soon as the suspects makes any type of reference regarding an attorney
B) Questioning can continue even if the suspect makes an unambiguous invocation of the right to counsel
C) Once the suspect has knowingly and voluntarily waived the right to counsel, police officers can continue questioning regardless of what the suspect says
D) Questioning must stop if the suspect expresses confusion
A) Questioning must stop as soon as the suspects makes any type of reference regarding an attorney
B) Questioning can continue even if the suspect makes an unambiguous invocation of the right to counsel
C) Once the suspect has knowingly and voluntarily waived the right to counsel, police officers can continue questioning regardless of what the suspect says
D) Questioning must stop if the suspect expresses confusion
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
8
Failure to give a suspect the Miranda warnings does not require suppression of the ________ fruits of the suspect's unwarned but voluntary statements.
A) Illegal
B) Communicative
C) Testimonial
D) Physical
A) Illegal
B) Communicative
C) Testimonial
D) Physical
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
9
In Berghuis v. Thompkins, the Court held that a suspect must make an unambiguous invocation of the right to remain silent; otherwise, statements made will be considered ________ and a waiver of the right.
A) Voluntary
B) Involuntary
C) Inadmissible in court
D) Reasonable
A) Voluntary
B) Involuntary
C) Inadmissible in court
D) Reasonable
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
10
In which decision did the Supreme Court further reiterate the fact a suspect must expressly invoke his or her Fifth Amendment right?
A) Davis v United States
B) McNeil v. Wisconsin
C) Salinas v. Texas
D) United States v. Place
A) Davis v United States
B) McNeil v. Wisconsin
C) Salinas v. Texas
D) United States v. Place
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
11
How can a defendant's refusal to answer questions by law enforcement before any arrest or placement in custody be used during trial?
A) As evidence of guilt
B) As evidence of the suspect's apprehension
C) As mitigating circumstances
D) As explanatory circumstances
A) As evidence of guilt
B) As evidence of the suspect's apprehension
C) As mitigating circumstances
D) As explanatory circumstances
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
12
A defendant's refusal to submit to a blood-alcohol test can be used as evidence of guilt later in court.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
13
Concern for public safety does not represent an exception to the Miranda rule.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
14
A confession made after proper Miranda warnings and waiver of rights is admissible even if the police obtained an earlier voluntary but unwarned admission from the suspect.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
15
As long as police behavior is legal, a waiver is considered voluntary under the Constitution and its admissibility is governed by state law.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
16
The warning of the right to remain silent does not have to be accompanied by the explanation that anything said can and will be used against the individual in court.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
17
A valid waiver of the Miranda rights allows the police to ask questions of the suspect about any crime as long as the interrogation does not involve misrepresentation or deception.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
18
The waiver of rights has to be complete and unconditional to be valid.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
19
There is a requirement that the police produce a lawyer on call.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
20
The Miranda warnings need not to be given in a particular wording format as long as they reasonably convey to the suspect his or her rights.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck
21
Statements made when the mental state of the defendant interfered with his or her "free will" and "rational intellect" are automatically excludable.
Unlock Deck
Unlock for access to all 21 flashcards in this deck.
Unlock Deck
k this deck