Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Law
Q:
Discuss Miranda in relation to questioning during a booking procedure.
Q:
Define and discuss the "14 day Rule".
Q:
Interrogation that takes place after the police take suspects into custody is known as ___________.
Q:
The notion that forced confessions violate ___________even if they are true is the accusatorial system rationale.
Q:
Discuss the application of the Totality of the Circumstances test when it comes to juveniles.
Q:
Under what circumstances may a confession be deemed unconstitutional? Discuss each one in detail.
Q:
The basic idea behind the due process approach to confessions is ________.
Q:
The period of criminal process when police shift from a general investigation to building a case against a particular suspect is known as the _______stage.
Q:
Discuss and describe three interrogation situations where Miranda warnings are not required.
Q:
To claim successfully that their Fifth Amendment right against self-incrimination was violated, defendants have to prove three elements. Which of the following is NOT one of these three elements?a. Compulsionb. Abuse by law enforcement officers c. Testimonyd. Incrimination
Q:
What is the difference between the Sixth Amendment rights of a person in custody being interrogated and a person charged with a crime? Be sure to provide examples.
Q:
Which of the following is NOT one of the reforms aimed at reducing the false confession problem?
a. Eliminate police use of false information during interrogation
b. Reduce the length of time in custody and interrogation
c. Record interrogations and confessions
d. Limiting the Miranda warning
Q:
Explain the Bruton rule and give an example. What are some of the things the prosecution can do to deal with Bruton problems?
Q:
According to Schmerber v. California (1966), the U.S Supreme Court decided that:a. vaginal swabs could be taken from a suspect in custody without a warrant in order to build a character- based profile.b. blood extraction without consent was permissible to produce a sample that could be analyzed for evidentiary use.c. saliva samples could be taken from a used water bottle without violating a person's right not to be "compelled" to bear witness against himself.d. DNA samples could be taken against a person's will without violating his/her Fifth Amendment protections
Q:
In a single criminal trial, the _____________ rule generally involves situations where there are multiple defendants involved in a single criminal defense.
Q:
The public safety exception to _____________ has been used many times since it was created in 1984.
Q:
Which of the following is NOT a type of false confession?a. Voluntary false confession b. Compliant false confessionc. Media-induced false confession d. Internalized false confession
Q:
In Berkemer v. McCarty, the case involving whether Mirandawarnings must be given to stopped motorists, the Court found that:a. a misdemeanor exception to Mirandawould pose too many administrative problems for courts and police.b. all stopped motorists should be given Miranda.c. the motorist should have been Mirandizedwhen the police officer decided that the driver was eventually going to be arrested.d. a misdemeanor exception to Mirandashould be recognized.
Q:
Miranda warnings are not required in "ordinary _____________ stops."
Q:
The _______approach was NOT an approach used by the U.S. Supreme Court in analyzing interrogation and confession cases?
a. due process
b. right to counsel
c. self-incrimination
d. coercion
Q:
The Supreme Court held in Fellers v. U.S. that once the _____________ Amendment's right to counsel attached, statements made by the defendant must be excluded if the police "deliberately elicited" incriminating information from the defendant.
Q:
The "bright line rule," is also referred to as the _______rule.
a. proper
b. pro forma
c. per se
d. in forma pauperis
Q:
A _____________ by one suspect cannot be used against another suspect unless the second suspect has the opportunity to cross-examine the source of the accusation against him.
Q:
Which of the following types of police questioning are excluded from the Mirandarequirements?a. Only volunteered statements are excluded.b. Only questioning of individuals in the fact-finding process is excluded. c. Only questioning at the scene of a crime is excluded.d. Questioning at the scene of a crime, volunteered statements of any kind, questioning of individuals in the fact- finding process, and questioning that is part of an investigatory stop.
Q:
Miranda is based on the _____________ Amendment.
Q:
According to the Supreme Court in Miranda v. Arizona, when must the police stop an interrogation?a. When the suspect requests an attorney AND when the suspect indicates in any manner than they wish to remain silent.b. When the suspect indicates doubt about the crime and the circumstances of the crime. c. When the suspect requests to see their spouse.d. When the suspect requests an attorney OR when the suspect indicates in any manner that they wish to remain silent.
Q:
The Massiah rule is based on the _____________ Amendment.
Q:
The "functional equivalent of a question test" was developed in what Supreme Court decision?a. Rhode Island v. Innisb. Escobedo v. Illinois c. Brewer v. Williams d. Miranda v. Arizona
Q:
In re Jerrell, C.J., the Wisconsin Supreme Court exercised its supervisory power to require that all interrogations of juveniles must be _____________.
Q:
In _____________ v. U.S., the Court held that Congress cannot overturn the Miranda decision.
Q:
What type of rule did the U.S. Supreme Court apply in Miranda v. Arizona (1966)?a. Voluntary admissibility rule b. Custodial clarity rulec. Interrogational relief ruled. Bright line rule
Q:
Which evidence is protected by the Fifth Amendment?a. Weaponsb. Statementsc. Appearance in a lineup d. Fingerprints
Q:
The _____________ exception to Miranda was established in N.Y. v. Quarles.
Q:
Which case linked the Fifth and Sixth Amendments (self-incrimination and right to counsel)?
a. Escobedo v Illinois
b. Mapp v Ohio
c. Terry v Ohio
d. Miranda v Arizona
Q:
_____________ does not apply to routine booking questions.
Q:
According to the accusatory system rationale:
a. forced confessions are admissible as long as no physical force is used.
b. forced confessions are admissible to impeach testimony or to attack credibility.
c. forced confessions are admissible as long as due process is not violated.
d. forced confessions violate due process even if they are true, since the government has to prove guilt beyond a reasonable doubt.
Q:
A suspect is entitled to Miranda warnings only if they are in _____________ and are being interrogated by government officials.
Q:
Miranda v. Arizona was decided by the U.S. Supreme Court in the year _____________.
Q:
This rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life. This is referred to as the ________rationale.a. states rightsb. reliabilityc. forced confessions d. Miranda
Q:
The courts look at the _____________ of the circumstances to decide if a confession is voluntary.
Q:
Which of the following conditions would NOT constitute a coercive state action but would be strongly presumptive of forcing an involuntary confession?
a. Denying food and drink for 24 hours.
b. Conducting an interrogation in a secluded warehouse.
c. Questioning a suspect for 48 hours with no interruption.
d. Using profanity in an interrogation protocol.
Q:
In the 1936 Supreme Court case Brown v. Mississippi, involving the beating and torture of three black suspects to obtain a confession. What were the findings of the Court?a. The Supreme Court declined to review a confession case from a state court.b. The Supreme Court relied upon the Fourteenth Amendment due process clause as well as held that forced confession were not admissible as evidence.c. The Supreme Court held that forced confessions were admissible as evidence. d. The Supreme Court relied upon the Fifth Amendment self incrimination clause.
Q:
The corpus _____________ rule requires that confessions be corroborated.
Q:
The constitutional basis for the law of confessions includes:a. the due process clause of the Fourteenth Amendment and the Eighth Amendment right against cruel and unusual punishment.b. the Eighth Amendment right against cruel and unusual punishment.c. the due process clause of the Fourteenth Amendment, the Sixth Amendment right-to counsel, and the Fifth Amendment right against self incrimination.d. only the Fifth Amendment right against self incrimination.
Q:
Case 12.3Police investigated a suspicious fire case and possible arson of a local deli, which has gone unsolved for over three months. Atlas Insurance Company is conducting its own investigation into the insurance claim due to a change in the level of coverage four months prior to the fire. Two neighboring shop owners report to an insurance company investigator that the deli owner, Robert, had been complaining for months about losing money and had said that if business didn't pick up he would burn the place down. Then, on two occasions since the fire, he had bragged how he got himself a brand new store and a fresh start with just a well-placed cigarette and extra insurance.The insurance company investigator also interviews Robert concerning the business, the fire and his financials. Suspecting that Robert was involved in the fire, the insurance investigator provides police with her investigative findings and the statements provided to her. Police find several inconsistencies in Robert's various accounts.Robert is brought into police headquarters and interviewed by detectives regarding the arson of his commercial property. He is provided his Miranda warning and then asked to recount his previous statements at the scene regarding the fire and his whereabouts that night. Police confront Robert with inaccuracies between his statements. Police then confront him with the statements he made to the other shop owners and other corroborating evidence. Robert then requests an attorney and stops answering questions. Robert is charged with arson and insurance fraud.Can police use Robert's statements made to the insurance company investigation even though he was not provided with his Miranda warning prior to questioning by the investigator?a. No, as this would violate the applicant's Fifth Amendment rights.b. Yes, because the Fifth Amendment protects citizens from improper government actions but the insurance investigator is not an agent of the governmentc. No, because the insurance investigator is soliciting incriminating statements fromthe accused.d. Yes, but only if the insurance investigator signs an affidavit attesting to his having made the incriminating statements.
Q:
Case 12.3Police investigated a suspicious fire case and possible arson of a local deli, which has gone unsolved for over three months. Atlas Insurance Company is conducting its own investigation into the insurance claim due to a change in the level of coverage four months prior to the fire. Two neighboring shop owners report to an insurance company investigator that the deli owner, Robert, had been complaining for months about losing money and had said that if business didn't pick up he would burn the place down. Then, on two occasions since the fire, he had bragged how he got himself a brand new store and a fresh start with just a well-placed cigarette and extra insurance.The insurance company investigator also interviews Robert concerning the business, the fire and his financials. Suspecting that Robert was involved in the fire, the insurance investigator provides police with her investigative findings and the statements provided to her. Police find several inconsistencies in Robert's various accounts.Robert is brought into police headquarters and interviewed by detectives regarding the arson of his commercial property. He is provided his Miranda warning and then asked to recount his previous statements at the scene regarding the fire and his whereabouts that night. Police confront Robert with inaccuracies between his statements. Police then confront him with the statements he made to the other shop owners and other corroborating evidence. Robert then requests an attorney and stops answering questions. Robert is charged with arson and insurance fraud.Can Robert's incriminating statements to the other shop owners be used in court?a. No, as he was not provided Miranda rights prior to making the statements.b. No, as this would violate his Fifth Amendment rights.c. Yes, the Fifth Amendment protects citizens from improper government actions and not statements made to other civilians.d. Yes, the Fourth Amendment protects citizens from improper government actionsand not statements made to other civilians.
Q:
Before formal proceedings begin, the _______Amendment gives police more flexibility in interrogating suspects.
a. Sixth
b. Fifth
c. Fourteenth
d. Eighth
Q:
The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Fifth Amendment right guarantee against compelling individuals to be witnesses against themselves? a. Did the police deliberately tried to elicit a responseb. Did the police directly asked the suspect a questionc. Did the police use words or actions that that they knew would be likely to elicit a response from the suspectd. Did the police use force while questioning the suspect
Q:
Case 12.2A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy's confession. The detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the juvenile's parents without success. The juvenile detectives provide the boy with his Miranda warning which he indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains silent in response to questions regarding who his supplier is stating "I'm not a snitch. I am not talking about anyone else." The detectives then advise him that another high school student overdosed and died from the same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy's parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He is released to his parents pending his court appearance.Suppose four detectives continue to question the juvenile even after his repeated requests to speak with his parents. He is kept from his parents in excess of 12 hours, and denied a break from questioning. The detectives tell him that they have enough evidence to charge him for the death of the other student and unless he confesses he will go directly to jail and not see his parents. The continued pressure results in his confession, implicating him in the death of an overdosed high school student. Would the juvenile's confession be considered voluntary?a. Yes, as the juvenile was given his Miranda warning, which is the only criterion necessary for a confession to be considered voluntary.b. No, based upon the totality of the circumstances such as duration of questioning, absence of the juvenile's parents, repeated denial of the juvenile's requests to speak to his parents and coercive tactics used by police.c. Yes, there was a "substantial" government interest of conducting a criminal investigation into the death of another juvenile that outweighs the juvenile's right against self-incrimination.d. No, only because the government interest of conducting a criminal investigation into the death of another juvenile is not substantial enough to outweigh the first juvenile's rights.
Q:
In Colorado v. Connelly (1986), the Supreme Court considered the case of a mentally ill man who walked into a police station and confessed he had murdered a young woman. The Court determined that:a. Connelly's confession was not voluntary because of his mental illness.b. Connelly's confession was not voluntary because he had limited free will.c. Connelly's confession was voluntary because it was not compelled.d. Connelly's confession is admissible if his psychiatrist testifies he was aware that he was confessing to the police.
Q:
Case 12.2A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy's confession. The detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the juvenile's parents without success. The juvenile detectives provide the boy with his Miranda warning which he indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains silent in response to questions regarding who his supplier is stating "I'm not a snitch. I am not talking about anyone else." The detectives then advise him that another high school student overdosed and died from the same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy's parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He is released to his parents pending his court appearance.Which of the following is not a factor to consider in determining whether juveniles made their statements voluntarily and whether they voluntarily waived their rights under the Self-Incrimination Clause following a Miranda warning?a. the presence or absence of parents during questioningb. the gender of the juvenilec. the age of the juveniled. the experience of the juvenile
Q:
The Fifth Amendment approach to confession applies:
a. after grand jury indictment.
b. after formal charges are filed against a person.
c. whenever a person is questioned by police about a crime.
d. only when the person being questioned is in custody.
Q:
Case 12.1Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect "where's the gun?" The suspect hesitates and Officer Smith says "Look, there a lot of little kids here; we don't want one of them to find the gun and have a tragedy." The suspect points to a garbage can near the playground and states "it's in the can." Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The search of the suspect produces $ 450.00 in cash and a cell phone.The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions regarding the robbery and states "I am not talking about anything else that happened today." The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes.Which of the following statements would not be required when the detectives wereproviding the suspect his Miranda warning?a. that he has the right to remain silentb. that he has the right to reasonable bailc. that anything he says may be used against him in a court of lawd. that he has the right to have his attorney present during questioning
Q:
In Berkemer v. McCarty, the case involving whether Mirandawarnings must be given to stopped motorists, the Court:a. recognized a misdemeanor offense exception to Miranda.b. said all motorists must be Mirandizedwhen stopped.c. said a motorist never has to be given Miranda.d. said a routine traffic stop was not custody for purposes of Miranda.
Q:
Case 12.1Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect "where's the gun?" The suspect hesitates and Officer Smith says "Look, there a lot of little kids here; we don't want one of them to find the gun and have a tragedy." The suspect points to a garbage can near the playground and states "it's in the can." Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The search of the suspect produces $ 450.00 in cash and a cell phone.The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions regarding the robbery and states "I am not talking about anything else that happened today." The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes.In the above scenario, would a Miranda warning of the suspect have been required, when questioned by detectives, if he was not handcuffed and was seated in an interview room rather than the interrogation room and was not told he was under arrest?a. Yes, as Miranda is triggered when a reasonable person would not feel that he or sheis free to leave and terminate the interrogation.b. No, as Miranda is triggered when a person is physically unable to leave and terminate the interrogation.c. Yes, anytime police speak with an individual, Miranda is required.d. No, as Miranda is only required after a suspect is arrested and formally chargedwith a crime.
Q:
When a suspect asks for an attorney during custodial interrogation:a. police can continue questioning while an attorney is summoned.b. police can resume questioning after an attorney has been provided.c. police must stop questioning until an attorney is present or the suspect initiates further conversation with them.d. police can never question the suspect again without an attorney being present.
Q:
Case 12.1Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect "where's the gun?" The suspect hesitates and Officer Smith says "Look, there a lot of little kids here; we don't want one of them to find the gun and have a tragedy." The suspect points to a garbage can near the playground and states "it's in the can." Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The search of the suspect produces $ 450.00 in cash and a cell phone.The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions regarding the robbery and states "I am not talking about anything else that happened today." The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes.In the above scenario, did Officer Smith's pre-Miranda questioning of the suspect regarding the location of the location of the gun violate the Fifth Amendment?a. Yes, in New York v. Quarles (1984), the U.S. Supreme Court established the public safety exception to the Fifth Amendment for cases wherethe safety of the officer or public would be potentially threatened.b. No, in New York v. Quarles (1984), the U.S. Supreme Court overturned thepublic safety exception to the Fifth Amendment.c. Yes, the U.S. Supreme Court overturned the public safety exception to theFifth Amendment for cases where the safety of the officer or public would bepotentially threatened in Mapp v. Ohio.d. No, as the U.S. Supreme Court established the public safety exception to theFifth Amendment for cases where the safety of the officer or public would bepotentially threatened in New York v. Quarles.
Q:
According to the Supreme Court in Miranda v. Arizona, involving a man who confessed to rape following police interrogation:
a. the Fifth Amendment protects suspects during custodial police interrogation.
b. the Sixth Amendment protects suspects from all questioning by police.
c. the Fifth Amendment only protects suspects from questioning in police stations.
d. warnings are required whenever police question citizens.
Q:
After a suspect is charged with a crime, his/her _____ Amendment right to an attorney must be observed.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Q:
There are _____ Miranda requirements.
a. two
b. three
c. four
d. five
Q:
The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:a. Miranda v. Arizona. b. Escobedo v. Illinois. c. Brown v. Mississippi.d. Lisenba v. California.
Q:
Which of the following is TRUE regarding the waiver of the right to remain silent?
a. Police usually continue interrogating suspects who invoke their rights to silence and/or to a lawyer.
b. Suspects overwhelmingly waive their Mirandarights to remain silent and to have a lawyer assist them.
c. Police almost never give the required Mirandawarning.
d. Police frequently use "overtly coercive tactics" to get waivers.
Q:
To be admissible as evidence, confessions and statements must be made _____ and freely.
a. faithfully
b. voluntarily
c. accusatorially
d. prejudicially
Q:
Under the accusatorial system rationale, forced confessions violate due process, even if the confession is true, because:
a. forced confessions should be conclusively assumed to be unreliable.
b. the confession violates the Eight Amendment prohibition against cruel and unusual punishment.
c. under our system the state has the burden of proving guilt.
d. a forced confession may be unreliable.
Q:
A(n) _____ is any statement or conduct from which guilt of the crime can be inferred.
a. incriminating statement
b. confession
c. excited utterance
d. dying declaration
Q:
A(n) _____ is a direct acknowledgement of guilt.
a. confession
b. no contest
c. nolo contendre
d. alibi
Q:
The Fourteenth Amendment due process clause is applicable at which stages of the criminal process?a. Only at arrestb. Only after formal charges have been filed c. Only after custodial interrogation begins d. At all stages of the criminal process
Q:
The right to remain silent can be traced back in history to the:
a. Magna Carta.
b. laws of Moses embodied in the Talmudic law.
c. Articles of Confederation preceding the adoption of the United States Constitution.
d. Preamble of the Stamp Act.
Q:
In some states, polygraph evidence is admissible if _____.
a. the test was administered by an independent expert
b. it is exculpatory
c. there is prior stipulation by both parties
d. the test was taken voluntarily
Q:
The rescue doctrine used in California courts is similar to the Supreme Court's _____ exception to Miranda.
a. conspicuous emergency
b. homeland security
c. public safety
d. confidentiality
Q:
Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:
a. they believe police do not engage in high pressure interrogation
b. they believe that being charged with a crime probably means the defendant is guilty
c. of fundamental attribution error
d. they believe high pressure interrogation is the best way to get suspects to confess
Q:
What goes on during interrogation:a. is widely known.b. occurs in private and hence is not widely known.c. cannot be secret because the law requires its publication.d. police readily reveal to their superiors and to courts.
Q:
The Massiah rule is designed to protect the defendant's _____.
a. Miranda right to an attorney
b. Sixth Amendment right to an attorney
c. Miranda right to remain silent
d. Sixth Amendment right to confront witnesses
Q:
The Bruton rule is designed to protect the defendant's _____.
a. confrontation rights under the Sixth Amendment
b. privilege against self-incrimination
c. right to present a defense
d. right to equal protection
Q:
According to former Supreme Court Justice Felix Frankfurter regarding interrogation and confessions:
a. Modern advances in the technology of crime detection make interrogation unnecessary.
b. Where innocent human witnesses cannot be found, nothing remains but interrogation to get information from guilty persons.
c. Substantial restrictions on the ability of the police to interrogate suspects should have no effect on the ability of police to investigate crime.
d. All empirical studies of the importance of confessions in solving crimes are untrustworthy.
Q:
A police officer is charged with a criminal offense. He is told by the Chief that if he takes the Fifth Amendment during the investigation, he will be fired. He gives a confession. The confession _____.
a. is admissible if reliable
b. is admissible because the officer waived his rights by confessing
c. is admissible because police officers have no privilege
d. is inadmissible
Q:
In Dickerson v. U.S. (2000), the U.S. Supreme Court held that Congress _____.
a. cannot overrule Miranda
b. can overrule Miranda in state courts
c. cannot overrule Miranda unless it uses its power to regulate commerce
d. can overrule Miranda in federal courts
Q:
Based on their research of 125 proven false confessions, Richard Leo and Steven Drizen concluded:
a. that the problem of false confessions in not serious
b. most of the false confessions occurred after 2-3 hours of interrogation
c. most of the people who confessed to crimes they did not commit were found not guilty
d. the problem of false confessions may be more serious than previously thought
Q:
In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:
a. the needs of law enforcement and the privacy and liberty interests of individual citizens.
b. the need to have standard procedures for investigating crimes
c. the interests of crime victims
d. the need to make an expeditious arrest
Q:
The U.S. Supreme Court has created a(n) _____ exception to Miranda.
a. totality of the circumstances
b. public safety
c. terrorist
d. conspicuous absence