Question 1

Identify the three step process of a waiver inquiry.

Accepted Answer

Students should identify and discuss and elaborate on the following: voluntary, knowing and intelligent, and the totality of the circumstances.

Question 2

Identify and discuss the three constitutional amendments that are integral to individuals' rights during police interrogations.

Accepted Answer

Students should identify the Fourteenth, Fifth, and Sixth Amendments.

Question 3

List and explain at least five of the factors to be considered in determining whether an individual would believe he or she is subject to a custodial interrogation.

Accepted Answer

The number of police officers, whether the individual has been told she is free to leave, the length and intensity of the questioning, whether the officer employs physical force, whether the stop is in public or private, the location of the interrogation, whether a reasonable person would believe that the stop would be brief or would result in a custodial arrest, whether the individual is familiar with the surroundings, and whether the suspect is permitted to leave following the interrogation.

Question 4

The U.S.Supreme Court has held that when reading a suspect his or her Miranda rights, it is important that ______.

Accepted Answer

A) the police use the proper terminology as outline in Miranda 
B) the police clearly inform the suspect of his or her rights 
C) the police verify that the suspect completely understands these rights 
D) the police at least attempt to convey the suspect his or her rights 
A) the police use the proper terminology as outline in Miranda 
B) the police clearly inform the suspect of his or her rights 
C) the police verify that the suspect completely understands these rights 
D) the police at least attempt to convey the suspect his or her rights

Question 5

The primary issue addressed by the McNabb-Mallory rule is ______.

Accepted Answer

A) the amount of psychological coercion police can use during an interrogation 
B) the amount of time between arrest and first appearance before a magistrate 
C) whether police can promise leniency to a suspect in order to obtain a confession 
D) how long police can interrogate a suspect before informing him or her of his right to counsel 
A) the amount of psychological coercion police can use during an interrogation 
B) the amount of time between arrest and first appearance before a magistrate 
C) whether police can promise leniency to a suspect in order to obtain a confession 
D) how long police can interrogate a suspect before informing him or her of his right to counsel

Question 6

Ricco was recently arrested and interrogated by the police.He had been in custody for a lengthy period of time and, as a heroin addict, had begun to experience withdrawal.A doctor at the station was able to inject him with a mixture of substances to help ease his symptoms.Ricco promptly confessed.It was later discovered that the substance injected often has truth-telling properties.May there be a problem with Ricco's confession?

Accepted Answer

A) No, the confession was voluntary and there were no defects present. 
B) Yes, the confession was likely not voluntary and only occurred as a result of the injection. 
C) Yes, his age and intelligence may be called into question. 
D) No, the confession was not a product of coercion. 
A) No, the confession was voluntary and there were no defects present. 
B) Yes, the confession was likely not voluntary and only occurred as a result of the injection. 
C) Yes, his age and intelligence may be called into question. 
D) No, the confession was not a product of coercion.

Question 7

In the opinion for Davis v.United States, the U.S.Supreme Court held that the statement "maybe I should talk to a lawyer" is a sufficiently clear invocation of the suspect's Miranda rights.

Accepted Answer

A) True 
 B)False

Question 8

By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his or her Miranda rights?

Accepted Answer

A) probable cause 
B) modified probable cause 
C) preponderance of the evidence 
D) reasonable suspicion 
A) probable cause 
B) modified probable cause 
C) preponderance of the evidence 
D) reasonable suspicion

Question 9

The police may initiate contact with an individual whose Sixth Amendment right to counsel has attached following a preliminary hearing, and the individual is free to talk to the police.

Accepted Answer

A) True 
 B)False

Question 10

What is express questioning?

Accepted Answer

Questions

Question 11

Which of the following court cases illustrated the third degree?

Accepted Answer

A) Malloy v.Hogan 
B) Bram v.United States 
C) Beecher v.Alabama 
D) Brown v.Mississippi 
A) Malloy v.Hogan 
B) Bram v.United States 
C) Beecher v.Alabama 
D) Brown v.Mississippi

Question 12

The constitutional right to counsel during interrogation stems from the Fifth Amendment.

Accepted Answer

A) True 
 B)False

Question 13

If a suspect confesses in order to obtain a benefit such as the avoidance of abuse or mistreatment or to receive favorable consideration at sentencing, he or she is known as a ______.

Accepted Answer

A) voluntary false confessor 
B) compliant false confessor 
C) internalized false confessor 
D) factually false confessor 
A) voluntary false confessor 
B) compliant false confessor 
C) internalized false confessor 
D) factually false confessor

Question 14

Identify and discuss the potential challenges and problems that confessions present.

Accepted Answer

Students should identify and d

Question 15

The police methods test was first articulated in the ______ case.

Accepted Answer

A) Spano v.New York 
B) Watts v.Indiana 
C) Lisenba v.California 
D) Townsend v.Sain 
A) Spano v.New York 
B) Watts v.Indiana 
C) Lisenba v.California 
D) Townsend v.Sain

Question 16

Miranda v.Arizona established one of the few situations in which a defendant must be informed of his or her rights.Using the Court's reasoning, explain why they did so.Additionally, consider the many exceptions to Miranda covered in the text.Explain a few of these exceptions and explain why the Court chose to carve out these exceptions instead of simply reversing or overturning the Miranda requirement.

Accepted Answer

Students may mention

Question 17

The English Star Chamber is an example of the ______ system of criminal procedure.

Accepted Answer

A) accusatorial 
B) adversarial 
C) constitutional 
D) inquisitorial 
A) accusatorial 
B) adversarial 
C) constitutional 
D) inquisitorial

Question 18

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by all of the following except ______.

Accepted Answer

A) a promise of lenient treatment 
B) a false promise not to prosecute 
C) threat of force 
D) a voluntary confession 
A) a promise of lenient treatment 
B) a false promise not to prosecute 
C) threat of force 
D) a voluntary confession

Question 19

The Bram v.United States case held that the ______ prohibited the use of involuntary confessions against defendants.

Accepted Answer

A) Sixth Amendment 
B) Fourteenth Amendment 
C) Fourth Amendment 
D) Fifth Amendment 
A) Sixth Amendment 
B) Fourteenth Amendment 
C) Fourth Amendment 
D) Fifth Amendment

Question 20

In which of the following cases did the Supreme Court observe that isolated and inexperienced defendants had no reason not to believe that the police had ample power to carry out their threats?

Accepted Answer

A) White v.Texas 
B) Lynumn v.Illinois 
C) Blackburn v.Alabama 
D) Mincey v.Arizona 
A) White v.Texas 
B) Lynumn v.Illinois 
C) Blackburn v.Alabama 
D) Mincey v.Arizona

Identify the three step process of a waiver inquiry.

Identify and discuss the three constitutional amendments that are integral to individuals' rights during police interrogations.

List and explain at least five of the factors to be considered in determining whether an individual would believe he or she is subject to a custodial interrogation.

The U.S.Supreme Court has held that when reading a suspect his or her Miranda rights, it is important that ______.

The primary issue addressed by the McNabb-Mallory rule is ______.

In the opinion for Davis v.United States, the U.S.Supreme Court held that the statement "maybe I should talk to a lawyer" is a sufficiently clear invocation of the suspect's Miranda rights.

By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his or her Miranda rights?

The police may initiate contact with an individual whose Sixth Amendment right to counsel has attached following a preliminary hearing, and the individual is free to talk to the police.

What is express questioning?

Which of the following court cases illustrated the third degree?

The constitutional right to counsel during interrogation stems from the Fifth Amendment.

If a suspect confesses in order to obtain a benefit such as the avoidance of abuse or mistreatment or to receive favorable consideration at sentencing, he or she is known as a ______.

Identify and discuss the potential challenges and problems that confessions present.

The police methods test was first articulated in the ______ case.

The English Star Chamber is an example of the ______ system of criminal procedure.

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by all of the following except ______.

The Bram v.United States case held that the ______ prohibited the use of involuntary confessions against defendants.

In which of the following cases did the Supreme Court observe that isolated and inexperienced defendants had no reason not to believe that the police had ample power to carry out their threats?

An Introduction to Criminal Procedure

The Sources of Criminal Procedure

Searches and Seizures

Stop and Frisk

Probable Cause and Arrests

Searches and Seizures of Property

Inspections and Regulatory Searches

Eyewitness and Scientific Identifications

The Exclusionary Rule and Entrapment

Civil and Criminal Remedies for Constitutional Violations

The Initiation of the Legal Process, Bail, and the Right to Counsel

The Courtroom: the Pretrial and Trial Process

Sentencing and Appeals

Counterterrorism

Filters

Exam 8: Interrogations and Confessions

Identify the three step process of a waiver inquiry.

Identify and discuss the three constitutional amendments that are integral to individuals' rights during police interrogations.

List and explain at least five of the factors to be considered in determining whether an individual would believe he or she is subject to a custodial interrogation.

The U.S.Supreme Court has held that when reading a suspect his or her Miranda rights, it is important that ______.

The primary issue addressed by the McNabb-Mallory rule is ______.

In the opinion for Davis v.United States, the U.S.Supreme Court held that the statement "maybe I should talk to a lawyer" is a sufficiently clear invocation of the suspect's Miranda rights.

By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his or her Miranda rights?

The police may initiate contact with an individual whose Sixth Amendment right to counsel has attached following a preliminary hearing, and the individual is free to talk to the police.

What is express questioning?

Which of the following court cases illustrated the third degree?

The constitutional right to counsel during interrogation stems from the Fifth Amendment.

If a suspect confesses in order to obtain a benefit such as the avoidance of abuse or mistreatment or to receive favorable consideration at sentencing, he or she is known as a ______.

Identify and discuss the potential challenges and problems that confessions present.

The police methods test was first articulated in the ______ case.

The English Star Chamber is an example of the ______ system of criminal procedure.

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by all of the following except ______.

The Bram v.United States case held that the ______ prohibited the use of involuntary confessions against defendants.

In which of the following cases did the Supreme Court observe that isolated and inexperienced defendants had no reason not to believe that the police had ample power to carry out their threats?

An Introduction to Criminal Procedure

The Sources of Criminal Procedure

Searches and Seizures

Stop and Frisk

Probable Cause and Arrests

Searches and Seizures of Property

Inspections and Regulatory Searches

Eyewitness and Scientific Identifications

The Exclusionary Rule and Entrapment

Civil and Criminal Remedies for Constitutional Violations

The Initiation of the Legal Process, Bail, and the Right to Counsel

The Courtroom: the Pretrial and Trial Process

Sentencing and Appeals

Counterterrorism

Filters