Question 1

The Fifth Amendment privilege against self-incrimination protects against:

Accepted Answer

A) compelling people to incriminate themselves. 
B) questioning suspects without their consent. 
C) questioning suspects without judicial approval. 
D) offering reduced charges in return for testimony. 
A) compelling people to incriminate themselves. 
B) questioning suspects without their consent. 
C) questioning suspects without judicial approval. 
D) offering reduced charges in return for testimony. A

Question 2

For purposes of Miranda, custody occurs when:

Accepted Answer

A) the defendant has been seized under the Fourth Amendment. 
B) the defendant has been stopped and frisked. 
C) the defendant has been arrested. 
D) the defendant has been charged with a crime. 
A) the defendant has been seized under the Fourth Amendment. 
B) the defendant has been stopped and frisked. 
C) the defendant has been arrested. 
D) the defendant has been charged with a crime. C

Question 3

A confession must be corroborated by:

Accepted Answer

A) an accomplice of the defendant. 
B) independent evidence establishing trustworthiness. 
C) other statements of the defendant. 
D) direct evidence. 
A) an accomplice of the defendant. 
B) independent evidence establishing trustworthiness. 
C) other statements of the defendant. 
D) direct evidence. B

Question 4

The voluntariness of a confession is determined by:

Accepted Answer

A) the trial judge. 
B) the prosecutor. 
C) the jury. 
D) judge and jury together. 
A) the trial judge. 
B) the prosecutor. 
C) the jury. 
D) judge and jury together.

Question 5

Interrogation may occur:

Accepted Answer

A) following arrest but prior to booking. 
B) following arrest but prior to the filing of charges. 
C) following arrest but prior to trial. 
D) all of the above. 
A) following arrest but prior to booking. 
B) following arrest but prior to the filing of charges. 
C) following arrest but prior to trial. 
D) all of the above.

Question 6

A grant of immunity removes the privilege against self-incrimination, if the grant:

Accepted Answer

A) is accepted by the defendant. 
B) is part of a negotiated plea bargain. 
C) provides that the compelled statement cannot be used in a future prosecution. 
D) is approved by defense counsel. 
A) is accepted by the defendant. 
B) is part of a negotiated plea bargain. 
C) provides that the compelled statement cannot be used in a future prosecution. 
D) is approved by defense counsel.

Question 7

To be admissible in evidence, confessions must:

Accepted Answer

A) be voluntary. 
B) not violate the Miranda decision. 
C) be corroborated. 
D) all of the above. 
A) be voluntary. 
B) not violate the Miranda decision. 
C) be corroborated. 
D) all of the above.

Question 8

D was arrested without a warrant and without probable cause.The police also failed to advise D of her Miranda rights.The trial judge should:

Accepted Answer

A) dismiss all charges because of violations of D's constitutional rights. 
B) dismiss all charges because an illegal arrest deprives the court of jurisdiction to put D to trial on the charges. 
C) dismiss all charges as required by Miranda. 
D) not dismiss the charges even though the police violated D's Fourth and Fifth Amendment rights. 
A) dismiss all charges because of violations of D's constitutional rights. 
B) dismiss all charges because an illegal arrest deprives the court of jurisdiction to put D to trial on the charges. 
C) dismiss all charges as required by Miranda. 
D) not dismiss the charges even though the police violated D's Fourth and Fifth Amendment rights.

Question 9

According to Miranda:

Accepted Answer

A) custodial interrogation is inherently coercive. 
B) only interrogation at the police station is inherently coercive. 
C) interrogation on the street is never coercive. 
D) interrogation necessitates the presence of defense counsel. 
A) custodial interrogation is inherently coercive. 
B) only interrogation at the police station is inherently coercive. 
C) interrogation on the street is never coercive. 
D) interrogation necessitates the presence of defense counsel.

Question 10

D was arrested for shoplifting, advised of her Miranda rights, and confessed to murder.The court should:

Accepted Answer

A) admit the confession in evidence only if the prosecution provides a signed Waiver of Rights Form from D. 
B) admit the confession in evidence if D understood and voluntarily waived her Miranda rights. 
C) admit the confession in evidence if the confession was voluntary. 
D) exclude the confession unless defense counsel was present. 
A) admit the confession in evidence only if the prosecution provides a signed Waiver of Rights Form from D. 
B) admit the confession in evidence if D understood and voluntarily waived her Miranda rights. 
C) admit the confession in evidence if the confession was voluntary. 
D) exclude the confession unless defense counsel was present.

Question 11

The privilege against self-incrimination does not apply to:

Accepted Answer

A) handwriting samples. 
B) voice samples. 
C) fingerprinting. 
D) all of the above. 
A) handwriting samples. 
B) voice samples. 
C) fingerprinting. 
D) all of the above.

Question 12

Under Miranda, interrogation includes:

Accepted Answer

A) express questioning only. 
B) accusatory questioning only. 
C) any conversation with the defendant. 
D) express and implied questioning. 
A) express questioning only. 
B) accusatory questioning only. 
C) any conversation with the defendant. 
D) express and implied questioning.

Question 13

What is not part of the required Miranda warnings:

Accepted Answer

A) you have the right to counsel. 
B) you are suspected of the following crime. 
C) you may remain silent. 
D) your statement can be used against you. 
A) you have the right to counsel. 
B) you are suspected of the following crime. 
C) you may remain silent. 
D) your statement can be used against you.

Question 14

The Sixth Amendment right to counsel attaches:

Accepted Answer

A) during custodial interrogation. 
B) at the commencement of trial. 
C) at the commencement of judicial proceedings. 
D) whenever requested by the defendant. 
A) during custodial interrogation. 
B) at the commencement of trial. 
C) at the commencement of judicial proceedings. 
D) whenever requested by the defendant.

Question 15

According to Miranda, custody includes:

Accepted Answer

A) any Fourth Amendment seizure of the person. 
B) significant restraint on the person's freedom. 
C) any traffic stop. 
D) presence at the police station. 
A) any Fourth Amendment seizure of the person. 
B) significant restraint on the person's freedom. 
C) any traffic stop. 
D) presence at the police station.

The Fifth Amendment privilege against self-incrimination protects against:

For purposes of Miranda, custody occurs when:

A confession must be corroborated by:

The voluntariness of a confession is determined by:

Interrogation may occur:

A grant of immunity removes the privilege against self-incrimination, if the grant:

To be admissible in evidence, confessions must:

D was arrested without a warrant and without probable cause.The police also failed to advise D of her Miranda rights.The trial judge should:

According to Miranda:

D was arrested for shoplifting, advised of her Miranda rights, and confessed to murder.The court should:

The privilege against self-incrimination does not apply to:

Under Miranda, interrogation includes:

What is not part of the required Miranda warnings:

The Sixth Amendment right to counsel attaches:

According to Miranda, custody includes:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters

Exam 12: Interrogation and Self-Incrimination

The Fifth Amendment privilege against self-incrimination protects against:

For purposes of Miranda, custody occurs when:

A confession must be corroborated by:

The voluntariness of a confession is determined by:

Interrogation may occur:

A grant of immunity removes the privilege against self-incrimination, if the grant:

To be admissible in evidence, confessions must:

D was arrested without a warrant and without probable cause.The police also failed to advise D of her Miranda rights.The trial judge should:

According to Miranda:

D was arrested for shoplifting, advised of her Miranda rights, and confessed to murder.The court should:

The privilege against self-incrimination does not apply to:

Under Miranda, interrogation includes:

What is not part of the required Miranda warnings:

The Sixth Amendment right to counsel attaches:

According to Miranda, custody includes:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters