Question 1

The Sixth Amendment's deliberate elicitation standard is broader than the protections afforded suspects under the Fifth Amendment because it prohibits authorities from engaging in conduct that would not be considered "interrogation" or its functional equivalent under Miranda.

Accepted Answer

The Sixth Amendment's deliberate elicitation standard prohibits authorities from engaging in conduct that would intentionally elicit incriminating statements from a defendant outside of the presence of counsel, even if the conduct does not rise to the level of "interrogation" or its functional equivalent under Miranda. Therefore, it is broader than the protections afforded suspects under the Fifth Amendment.

Question 2

Police interrogate an inexperienced,young person with a mental disorder and obtain a confession.A court may never use this statement in any capacity.

Accepted Answer

Courts can use such statements, but their admissibility often depends on whether the confession was given voluntarily, without coercion, and with a proper understanding of the individual's rights, taking into account the person's age, mental state, and the interrogation methods used.

Question 3

Miranda warnings are required to be given anytime a person is arrested.

Accepted Answer

Miranda warnings are only required to be given if the arrested person is both in custody and being interrogated. If the person is not being interrogated, Miranda warnings may not be necessary.

Question 4

?An officer is conducting an investigation and has become particularly suspicious of a certain person to the point of concentrating all the investigative methods and inquiries on proving that that suspect is the perpetrator.The officer is about to question the suspect (who does not realize she is suspected of the crime)in the suspect's home.For any statements to be admissible

Accepted Answer

Miranda warnings are required when a suspect is in custody and subject to interrogation. Being the focus of an investigation or being questioned in one's own home does not automatically require Miranda warnings unless the situation becomes coercive, resembling custody.

Question 5

When a court is in the process of judging voluntariness of a confession and the issue is the impact of age and mental capacity,the court evaluates any evidence on the basis of:

Accepted Answer

When evaluating the impact of age and mental capacity on the voluntariness of a confession, the court considers whether the presence of those circumstances impacted the will of the suspect. The other options (B, C, and D) are not directly relevant to this issue.

Question 6

Under limited conditions,subsequent interrogation of a suspect who exercised the Miranda right of silence after being given warnings may be permissible.

Accepted Answer

The Supreme Court has ruled that under certain limited circumstances, such as a significant break in time or a new set of warnings, subsequent interrogation of a suspect who previously invoked their Miranda right of silence may be permissible. This is known as the Edwards rule. However, these exceptions are narrow and do not allow for routine questioning of a suspect who has invoked their right to remain silent.

Question 7

Violations of Miranda rights produce fewer consequences compared to those that are normally triggered by other violations of constitutional criminal procedure rights.

Accepted Answer

Violations of Miranda rights may result in the exclusion of any self-incriminating statements made by the defendant but do not necessarily result in the dismissal of charges or the bar of prosecution. In contrast, violations of other constitutional criminal procedure rights, such as the Fourth or Fifth Amendment, may lead to more severe consequences such as the exclusion of evidence, dismissal of charges, or even the suppression of the entire case.

Question 8

The major issues of Miranda hinge on the meaning of four terms.Which of the following is NOT one of those four?

Accepted Answer

Arrest is not one of the four terms that hinge on the major issues of Miranda. The four terms are custody, interrogation, warning, and waiver.

Question 9

The police must observe the requirements imposed by the Miranda rule only when

Accepted Answer

The Miranda rule applies when a suspect is in custody and subject to interrogation, regardless of the location.

Question 10

In which of the following situations would the suspect be considered "in custody" for Miranda warning purposes?

Accepted Answer

The suspect is considered "in custody" for Miranda warning purposes when they have been formally arrested or restrained to a degree similar to formal arrest. Being transported to the police station in a patrol car after being arrested meets this standard. The other choices do not meet the standard.

Question 11

What kind of test is used to determine if a person is in custody?

Accepted Answer

The test used to determine if a person is in custody is whether a reasonable person in the same situation would not feel free to leave. This is known as the "reasonable person" test and is used to determine if the person is in custody and therefore entitled to the protections of the Miranda warning. The other options may be relevant factors but are not the primary test for custody.

Question 12

Miranda warnings are required to be given anytime a person is in custody.

Accepted Answer

The answer of Miranda warnings are required to be given...

Question 13

A defendant's silence after receiving Miranda warnings can be used against a defendant at trial in the prosecution's case-in-chief,but not for the purpose of impeachment.

Accepted Answer

A defendant's silence after receiving Miranda warnings cannot be used against them in the prosecution's case-in-chief or for impeachment purposes. This is known as the Miranda rule, which protects a defendant's Fifth Amendment right against self-incrimination.

Question 14

The Supreme Court has stated the "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way" is known as

Accepted Answer

The Supreme Court has established that questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of their freedom of action in any significant way is known as custodial interrogation. This type of interrogation triggers Miranda rights, which inform the suspect of their right to remain silent and to an attorney.

Question 15

Both confessions and admissions are incriminating statements.

Accepted Answer

Both confessions and admissions are statements in which a person admits to some involvement or knowledge of a crime or wrongdoing. Therefore, they are both considered incriminating.

Question 16

Volunteered statements

Accepted Answer

Volunteered statements do not require interruption for Miranda warnings because they are not the result of interrogation. Miranda warnings are necessary when a suspect is in custody and subject to interrogation, but voluntary statements made without solicitation by law enforcement do not trigger this requirement.

Question 17

Interrogation means

Accepted Answer

Interrogation refers to any words or actions by police that are intended to elicit an incriminating response from a suspect, whether or not the person is already in custody or being formally questioned by police. It can include even casual conversation or statements made by the police that the suspect may interpret as pressure to confess.

Question 18

Miranda warnings are required to be given anytime a person is about to be questioned by police for any information,including basic questioning that occurs before a person is identified as a suspect.

Accepted Answer

Miranda warnings are required to be given when a person is in custody and subject to interrogation. Basic questioning before a person is identified as a suspect, especially if not in custody, does not always require Miranda warnings.

Question 19

A confession produced by police threatening violence but not touching the suspect is nevertheless a violation of due process.

Accepted Answer

The use of threats of violence by police to extract a confession is considered coercion and violates due process regardless of whether the suspect is physically touched or not.

Question 20

A suspect has been formally charged with a crime (either through prosecutor information or grand jury indictment).The suspect has been assigned defense counsel.While in police custody,the suspect contacts police detectives requesting a meeting to discuss the charges and evidence.The police:

Accepted Answer

Once the suspect has been assigned defense counsel, the police cannot meet with the suspect without notifying their attorney. This is to protect the suspect's rights and ensure that any evidence gathered is admissible in court. The suspect should always consult with their attorney before speaking with the police.

Quiz 13: Interrogations, Admissions, and Confessions