Question 1

What is harmless error on appeal? Give an example of its application in Miranda cases.

Accepted Answer

The answer of What is harmless error on appeal? Give...

Question 2

An interrogation that takes place while a suspect is in custody is a custodial interrogation.

Accepted Answer

A custodial interrogation refers to questioning by law enforcement officials that takes place when the suspect is in custody or otherwise deprived of their freedom of action in any significant way.

Question 3

A waiver is an intentional giving up of a known right or remedy.Rights under Miranda may be waived,but the burden is on the government to prove proper waiver of rights.Explain what is required for a proper waiver of rights and why.Give an example.

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The answer of A waiver is an intentional giving up...

Question 4

When police ask incriminating questions,it is considered a debriefing.

Accepted Answer

When police ask incriminating questions, it is considered an interrogation, not a debriefing. A debriefing is a conversation held after an event or situation to discuss what happened and reflect on any lessons learned.

Question 5

Compare and contrast U.S.v.Henry (1980)with Illinois v.Perkins (1990).Take a stance on each of these two positions,and explain your reasons.Can these two decisions be reconciled,or do you believe that they are too contradictory in nature for this to be possible?

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The answer of Compare and contrast U.S.v.Henry (1980)with Illinois v.Perkins...

Question 6

Assume a college student is a suspect in a campus burglary case.He is being asked questions by the campus police in his dormitory room with his roommate present.Must the police give him the Miranda warnings? Explain your answer.

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The answer of Assume a college student is a suspect...

Question 7

At what point in a traffic stop might it become necessary for an officer to read a person their Miranda rights? Why? Provide an example of such a situation.

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The answer of At what point in a traffic stop...

Question 8

When asking a suspect routine identification questions,Miranda applies.

Accepted Answer

Miranda applies only when a suspect is in custody and being interrogated, not for routine identification questions.

Question 9

Miranda rights may only be waived knowingly and intelligently.

Accepted Answer

Miranda rights are constitutional rights that protect individuals from self-incrimination during an interrogation by law enforcement officers. These rights include the right to remain silent and the right to have an attorney present during questioning. In order to waive these rights, an individual must do so knowingly and intelligently, meaning that they must fully understand the consequences of giving up these rights. If an individual does not waive their Miranda rights knowingly and intelligently, any statements they make during an interrogation may be inadmissible in court.

Question 10

Specify three types of situations where statements obtained in violation of Miranda,or evidence obtained from such__________a statement,can still be utilized as evidence.Do you agree or disagree that such exceptions to Miranda should be allowed? Explain your position.

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Question 11

Discuss one of the following cases: Edwards v.Arizona (1981),or Arizona v.Roberson (1988),or Minnick v.Mississippi (1991).Is the case selected consistent with Miranda? Has the law as represented in this case evolved to benefit defendants rather than the government?

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The answer of Discuss one of the following cases: Edwards...

Question 12

Miranda warnings are required during police custodial interrogation.How is "custody" defined for Miranda
purposes? Give two examples of interrogation situations where custody would exist,and two where it would not.

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The answer of Miranda warnings are required during police custodial...

Question 13

A waiver is an intentional giving up of a known right or remedy.

Accepted Answer

A waiver is a voluntary relinquishment or abandonment of a legal right or advantage.

Question 14

A confession is when a person admits to involvement related to a criminal act but not having committed it.

Accepted Answer

A confession is when a person admits to having committed a criminal act, not just being involved in it.

Question 15

When police ask questions that tend to incriminate,it is considered interrogation.

Accepted Answer

This statement is true - when police ask questions that are designed to make someone incriminate themselves, this is considered interrogation.

Question 16

Give one example of a situation not requiring the Miranda warnings.Provide an example and explain why the warnings are not required in this instance.

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The answer of Give one example of a situation not...

Question 17

If a suspect is not under arrest,but is deprived of freedom in a significant way,he is in custody.

Accepted Answer

This statement is true. When a person is not free to leave a specific location or to go wherever they want to go, they are considered to be in custody. This can happen even if they are not technically under arrest, such as when they are being detained for questioning.

Question 18

A confession is when a person says he or she committed the act.

Accepted Answer

A confession is a statement made by an individual admitting to committing a crime or wrongdoing.

Question 19

What is the standard for admissibility under Miranda? How do these three questions incorporate the concept of voluntariness?

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The answer of What is the standard for admissibility under...

Question 20

Miranda applies to statements or confessions made to private persons.

Accepted Answer

Miranda applies to statements or confessions made to law enforcement officials during custodial interrogation.

Quiz 11: Confessions and Admissions: Miranda V Arizona