Question 1

Based on their research of 125 proven false confessions, Richard Leo and Steven Drizen concluded:

Accepted Answer

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 
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 D

Question 2

The right to remain silent is an ancient right.

Accepted Answer

A) True 
 B)False  True

Question 3

Define "witness against himself," and give examples of what's included and not included within the definition.

Accepted Answer

The Fifth Amendment provides that in a criminal case a person can not be compelled to be a "witness against himself." This basically means that the government cannot force somebody to give evidence of a testimonial or a communicative nature. Testimony is the content of what a person says or writes. However the government can compel citizens to provide them with other information. When this information is not testimonial or communicative, but is rather of a physical nature or communications which the person has voluntarily reduced to writing, obtaining it does not violate the Fifth Amendment. Thus the following types of incriminating evidence would not be protected by the Fifth Amendment: handwriting samples, weapons, photographs, lineup appearances, voice samples, blood samples, and documents required to be kept by law or voluntarily created.

Question 4

Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

Accepted Answer

A) True 
 B)False

Question 5

What goes on during interrogation:

Accepted Answer

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. 
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.

Question 6

The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest.

Accepted Answer

A) True 
 B)False

Question 7

The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:

Accepted Answer

A)  Miranda v. Arizona. 
B)  Escobedo v. Illinois. 
C)  Brown v. Mississippi. 
D)  Lisenba v. California. 
A)  Miranda v. Arizona. 
B)  Escobedo v. Illinois. 
C)  Brown v. Mississippi. 
D)  Lisenba v. California.

Question 8

The constitutional bases for the law of confessions include:
I. due process clause of the Fourteenth Amendment.
II. Sixth Amendment right-to-counsel.
III. Eighth Amendment right against cruel and unusual punishment.
IV. Fifth Amendment right against self incrimination.

Accepted Answer

A)  I, II, III, IV 
B)  I, II, III 
C)  I, II, IV 
D)  IV 
A)  I, II, III, IV 
B)  I, II, III 
C)  I, II, IV 
D)  IV

Question 9

_____________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end them, and come to believe they actually committed the crime.

Accepted Answer

The answer of _____________ false confessions occur when vulnerable suspects...

Question 10

Forced confessions are not admissible as evidence at trial because they are not trustworthy describes the .

Accepted Answer

reliabilit

Question 11

In the 1936 Supreme Court case Brown v. Mississippi, involving the beating and torture of three black suspects to obtain a confession:
I. the Supreme Court declined to review a confession case from a state court.
II. the Supreme Court specifically relied upon the Fifth Amendment self incrimination clause.
III. the Supreme Court relied upon the Fourteenth Amendment due process clause.
IV. the Supreme Court held that forced confessions were not admissible as evidence.

Accepted Answer

A)  I, II, IV 
B)  III, IV 
C)  II, III, IV 
D)  IV 
A)  I, II, IV 
B)  III, IV 
C)  II, III, IV 
D)  IV

Question 12

According to the Supreme Court opinion in New York v. Quarles, involving a confession without Miranda warnings following an armed rape of a young woman:
I. there is a public safety exception to the requirement that police give Miranda warnings.
II. the availability of the public safety exception does not depend on the motivation of the individual officers involved.
III. the public safety exception weakens the clarity of the Miranda rule.
IV. the need for answers to questions in a situation posing a threat to public safety outweighs the need for the rule protecting the privilege against self-incrimination.

Accepted Answer

A)  I, II, III, IV 
B)  I, IV 
C)  I, II, IV 
D)  III 
A)  I, II, III, IV 
B)  I, IV 
C)  I, II, IV 
D)  III

Question 13

In applying the definition of custodial interrogation to actual cases, which of the following circumstances are relevant to determining if a suspect is in custody?
I. whether officers had probable cause to arrest
II. whether the investigation had focused on the suspect at the time
III. the officers' language in summoning suspects
IV. the physical surroundings of the interrogation

Accepted Answer

A)  I, II, III, IV 
B)  I, II, IV 
C)  II, III, IV 
D)  II, IV 
A)  I, II, III, IV 
B)  I, II, IV 
C)  II, III, IV 
D)  II, IV

Question 14

When a suspect asks for an attorney during custodial interrogation:

Accepted Answer

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. 
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.

Question 15

In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:

Accepted Answer

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 
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

Question 16

In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:

Accepted Answer

A)  recognized a misdemeanor offense exception to Miranda. 
B)  said all motorists must be Mirandized when stopped. 
C)  said a motorist never has to be given Miranda. 
D)  said a routine traffic stop was not custody for purposes of Miranda. 
A)  recognized a misdemeanor offense exception to Miranda. 
B)  said all motorists must be Mirandized when stopped. 
C)  said a motorist never has to be given Miranda. 
D)  said a routine traffic stop was not custody for purposes of Miranda.

Question 17

According to the Supreme Court in Miranda v. Arizona, when must the police stop an interrogation?
I. when the suspect indicates doubt about the crime and the circumstances
II. when the suspect requests an attorney
III. when the suspect indicates, in any manner, that they wish to remain silent
IV. when the suspect requests to see their spouse

Accepted Answer

A)  I, II, III, IV 
B)  I, II, III 
C)  I, III 
D)  II, III 
A)  I, II, III, IV 
B)  I, II, III 
C)  I, III 
D)  II, III

Question 18

The Fifth Amendment approach to confession applies:

Accepted Answer

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. 
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.

Question 19

The period of criminal process when police shift from a general investigation to building a case against a particular suspect is known as _____________.

Accepted Answer

the accusa

Question 20

According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive.

Accepted Answer

A) True 
 B)False

Based on their research of 125 proven false confessions, Richard Leo and Steven Drizen concluded:

The right to remain silent is an ancient right.

Define "witness against himself," and give examples of what's included and not included within the definition.

Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

What goes on during interrogation:

The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest.

The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:

The constitutional bases for the law of confessions include: I. due process clause of the Fourteenth Amendment. II. Sixth Amendment right-to-counsel. III. Eighth Amendment right against cruel and unusual punishment. IV. Fifth Amendment right against self incrimination.

_____________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end them, and come to believe they actually committed the crime.

Forced confessions are not admissible as evidence at trial because they are not trustworthy describes the .

When a suspect asks for an attorney during custodial interrogation:

In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:

In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:

The Fifth Amendment approach to confession applies:

The period of criminal process when police shift from a general investigation to building a case against a particular suspect is known as _____________.

According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive.

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Plain View, Open Fields, Abandonment, and Border Searches

Lineups and Other Means of Pretrial Identification

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

Filters

Exam 8: Motor Vehicle Stops, Searches, and Inventories

Based on their research of 125 proven false confessions, Richard Leo and Steven Drizen concluded:

The right to remain silent is an ancient right.

Define "witness against himself," and give examples of what's included and not included within the definition.

Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

What goes on during interrogation:

The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest.

The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:

The constitutional bases for the law of confessions include: I. due process clause of the Fourteenth Amendment. II. Sixth Amendment right-to-counsel. III. Eighth Amendment right against cruel and unusual punishment. IV. Fifth Amendment right against self incrimination.

_____________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end them, and come to believe they actually committed the crime.

Forced confessions are not admissible as evidence at trial because they are not trustworthy describes the .

When a suspect asks for an attorney during custodial interrogation:

In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:

In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:

The Fifth Amendment approach to confession applies:

The period of criminal process when police shift from a general investigation to building a case against a particular suspect is known as _____________.

According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive.

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Plain View, Open Fields, Abandonment, and Border Searches

Lineups and Other Means of Pretrial Identification

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

Filters