Exam 8: Self Incrimination

Under the accusatorial system rationale, a forced confession violates due process, even if the confession is true, because:

In custodial interrogation, suspects are held against their will.

The right to counsel clause is found in the _______________ Amendment.

Researchers divide proven false confessions into three categories: _______________, compliant, and internalized false confessions.

What test requires that the totality of circumstances in each case show that before suspects talked, they knew they had rights and knew they were giving them up?

The period of the criminal process in which police shift from a general investigation to building a case against a particular suspect is known as the _______________ stage.

The _______________ rationale for due process is that admitting unreliable evidence to prove guilt denies defendants the right to their lives without due process of law.

The case of New York v. Quarles (1984), in which an officer asked a suspect about a gun, created what exception to the Miranda rule regarding custodial interrogation?

Specifically saying that you give up your rights is called a(n)_______________ waiver.

Incriminating statements fall short of full confessions.

According to what test do suspects have to make clear statements that indicate they know their rights, know they're giving them up, and know the consequences of giving them up?

_______________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end their interrogations, and they come to believe that they actually committed the crimes.

The self-incrimination approach applied the Fourth Amendment to custodial interrogation.

In Miranda v. Arizona (1966), a bare 5 to 4 SCOTUS majority created a "bright-line" rule to govern what? ​

In Berkemer v. McCarty , involving Miranda warnings and whether they must be given to stopped motorists, the Court held that:

Confessions and incriminating statements are considered involuntary only if officers engage in coercive conduct during custodial interrogation, and this coercive conduct caused the suspect to make incriminating statements. ​

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

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

Which of the following is not one of the reforms aimed at reducing the false confession problem?

The totality of circumstances in each case has to demonstrate that, before suspects talked, they knew they had their Miranda rights and were giving them up, in order to "pass" the _______________ _______________ test.