Question 1

What is the Miranda Warning?

Accepted Answer

The Miranda Warning is a legal requireme

Question 2

?A criminal suspect is arrested and subsequently confesses to a crime.The court determines that the Miranda requirements were violated during the interrogation,but that the statements were given voluntarily.At trial:

Accepted Answer

A)  the prosecution cannot reference any statements from the confession for any reason. 
B)  the prosecution cannot reference any statements to impeach the defendant's testimony, but can reference the confession during the prosecution's case-in-chief. 
C)  the prosecution can reference any statements from the confession to impeach the defendant's testimony, but cannot reference the confession during the prosecution's case-in-chief 
D)  the prosecution can reference the confession during its case-in-chief and to impeach testimony by the defendant. 
A)  the prosecution cannot reference any statements from the confession for any reason. 
B)  the prosecution cannot reference any statements to impeach the defendant's testimony, but can reference the confession during the prosecution's case-in-chief. 
C)  the prosecution can reference any statements from the confession to impeach the defendant's testimony, but cannot reference the confession during the prosecution's case-in-chief 
D)  the prosecution can reference the confession during its case-in-chief and to impeach testimony by the defendant.

Question 3

Miranda warnings are required to be given anytime a person is about to be questioned by police for any information,including basic questioning that occurs before a person is identified as a suspect.

Accepted Answer

A) True 
 B)False

Question 4

What is the essential reason why the right to counsel under the 5th Amendment is less restrictive on the role of the police than the right to counsel under the 6th Amendment?

Accepted Answer

A)  The right to counsel under the 5th Amendment can be waived, but the right cannot be waived under the 6th Amendment. 
B)  The 6th Amendment is part of the Bill of Rights, the 5th Amendment is not. 
C)  The 6th Amendment concerns rights after criminal charges have been formally filed. 
D)  The "due process" provisions of the 5th Amendment are less enforceable in court than the provisions of the 6th Amendment. 
A)  The right to counsel under the 5th Amendment can be waived, but the right cannot be waived under the 6th Amendment. 
B)  The 6th Amendment is part of the Bill of Rights, the 5th Amendment is not. 
C)  The 6th Amendment concerns rights after criminal charges have been formally filed. 
D)  The "due process" provisions of the 5th Amendment are less enforceable in court than the provisions of the 6th Amendment.

Question 5

In reference to admissibility of confessions,the case which shifted the area of inquiry from due process to the Fifth Amendment privilege against self-incrimination is ______________.

Accepted Answer

The answer of In reference to admissibility of confessions,the case...

Question 6

?To have a valid waiver of a person's Miranda rights,the waiver must:

Accepted Answer

A)  be voluntarily made and must be made in front of a non -law enforcement officer witness. 
B)  be voluntarily made and must be made with full awareness of the consequences of the waiver. 
C)  be acknowledged by a judge and must be made with full awareness of the consequences of the waiver. 
D)  must only be voluntarily made. 
A)  be voluntarily made and must be made in front of a non -law enforcement officer witness. 
B)  be voluntarily made and must be made with full awareness of the consequences of the waiver. 
C)  be acknowledged by a judge and must be made with full awareness of the consequences of the waiver. 
D)  must only be voluntarily made.

Question 7

Police are questioning a suspect about a crime.Miranda warnings are read to the suspect and the suspect clearly indicates he wishes to remain silent.The police:

Accepted Answer

A)  are, from this point forward, forever barred from asking questions of the suspect related to the crime in question and other crimes. 
B)  must immediately respect the decision and stop with questioning, but may continue questioning about the crime, and possibly other crimes, after a significant amount of time passes and after re-reading the Miranda warnings prior to subsequent interrogations. 
C)  may ignore verbal requests to remain silent, unless in writing. 
D)  must immediately contact an attorney for the criminal suspect. 
A)  are, from this point forward, forever barred from asking questions of the suspect related to the crime in question and other crimes. 
B)  must immediately respect the decision and stop with questioning, but may continue questioning about the crime, and possibly other crimes, after a significant amount of time passes and after re-reading the Miranda warnings prior to subsequent interrogations. 
C)  may ignore verbal requests to remain silent, unless in writing. 
D)  must immediately contact an attorney for the criminal suspect.

Question 8

The term ___________ is a broad term meaning simply any oral or written declaration or assertion.

Accepted Answer

The answer of The term ___________ is a broad term...

Question 9

Volunteered statements

Accepted Answer

A)  should be interrupted for Miranda warnings. 
B)  need not be interrupted for Miranda warnings. 
C)  need to be interrupted for Miranda warnings if the Edwards rule applies. 
D)  need to be interrupted for Miranda warnings if the person is in custody. 
A)  should be interrupted for Miranda warnings. 
B)  need not be interrupted for Miranda warnings. 
C)  need to be interrupted for Miranda warnings if the Edwards rule applies. 
D)  need to be interrupted for Miranda warnings if the person is in custody.

Question 10

After obtaining a waiver of a suspect's rights police start the process of interrogating a criminal suspect about a particular crime.After a few questions are asked,the suspect clearly and unambiguously communicates her desire to talk to an attorney.The police:

Accepted Answer

A)  cannot, from this point forward, take any steps to deliberately elicit incriminating statements. 
B)  cannot, from this point forward, take any steps to deliberately elicit incriminating statements unless the criminal suspect initiates the contact. 
C)  can ignore the request because it was not put forth in writing. 
D)  can ignore the request because it was made after an initial waiver of rights was secured. 
A)  cannot, from this point forward, take any steps to deliberately elicit incriminating statements. 
B)  cannot, from this point forward, take any steps to deliberately elicit incriminating statements unless the criminal suspect initiates the contact. 
C)  can ignore the request because it was not put forth in writing. 
D)  can ignore the request because it was made after an initial waiver of rights was secured.

Question 11

The Sixth Amendment's deliberate elicitation standard is broader than the protections afforded suspects under the Fifth Amendment because it prohibits authorities from engaging in conduct that would not be considered "interrogation" or its functional equivalent under Miranda.

Accepted Answer

A) True 
 B)False

Question 12

Describe and provide a court case as an example to illustrate Miranda's limitation regarding testimonial evidence.

Accepted Answer

Miranda v. Arizona (1966) is a landmark

Question 13

Briefly explain the right to counsel clause of the Sixth Amendment.

Accepted Answer

The right to counsel clause is a provisi

Question 14

A defendant's silence after receiving Miranda warnings can be used against a defendant at trial in the prosecution's case-in-chief,but not for the purpose of impeachment.

Accepted Answer

A) True 
 B)False

Question 15

A suspect admits that she killed her husband but that he deserved it because he was unfaithful.This statement is

Accepted Answer

A)  a confession. 
B)  an admission. 
C)  an affidavit. 
D)  a deposition. 
A)  a confession. 
B)  an admission. 
C)  an affidavit. 
D)  a deposition.

Question 16

Some courts have ruled that a confession produced by ___________ is not necessarily involuntary.

Accepted Answer

trickery o

Question 17

In which of the following situations would the suspect be considered "in custody" for Miranda warning purposes?

Accepted Answer

A)  While being questioned during an investigatory stop 
B)  While being transported to the police station in a patrol car subsequent to an arrest 
C)  While being questioned in jail by a police undercover agent posing as an inmate 
D)  While being questioned during an investigatory stop and frisk 
A)  While being questioned during an investigatory stop 
B)  While being transported to the police station in a patrol car subsequent to an arrest 
C)  While being questioned in jail by a police undercover agent posing as an inmate 
D)  While being questioned during an investigatory stop and frisk

Question 18

Do Terry-type investigative stops and ordinary traffic stops require a Miranda warning by the police? Explain why or why not.

Accepted Answer

Terry-type investigative stops and ordin

Question 19

Define these terms: statement,admission,interrogation,and confession.

Accepted Answer

Sure, here are the definitions for each

Question 20

The warnings required by Miranda must be given before police question a person who is in custody or deprived of his or her _______________________________.

Accepted Answer

freedom of

What is the Miranda Warning?

?A criminal suspect is arrested and subsequently confesses to a crime.The court determines that the Miranda requirements were violated during the interrogation,but that the statements were given voluntarily.At trial:

Miranda warnings are required to be given anytime a person is about to be questioned by police for any information,including basic questioning that occurs before a person is identified as a suspect.

What is the essential reason why the right to counsel under the 5th Amendment is less restrictive on the role of the police than the right to counsel under the 6th Amendment?

In reference to admissibility of confessions,the case which shifted the area of inquiry from due process to the Fifth Amendment privilege against self-incrimination is ______________.

?To have a valid waiver of a person's Miranda rights,the waiver must:

Police are questioning a suspect about a crime.Miranda warnings are read to the suspect and the suspect clearly indicates he wishes to remain silent.The police:

The term ___________ is a broad term meaning simply any oral or written declaration or assertion.

Volunteered statements

After obtaining a waiver of a suspect's rights police start the process of interrogating a criminal suspect about a particular crime.After a few questions are asked,the suspect clearly and unambiguously communicates her desire to talk to an attorney.The police:

The Sixth Amendment's deliberate elicitation standard is broader than the protections afforded suspects under the Fifth Amendment because it prohibits authorities from engaging in conduct that would not be considered "interrogation" or its functional equivalent under Miranda.

Describe and provide a court case as an example to illustrate Miranda's limitation regarding testimonial evidence.

Briefly explain the right to counsel clause of the Sixth Amendment.

A defendant's silence after receiving Miranda warnings can be used against a defendant at trial in the prosecution's case-in-chief,but not for the purpose of impeachment.

A suspect admits that she killed her husband but that he deserved it because he was unfaithful.This statement is

Some courts have ruled that a confession produced by ___________ is not necessarily involuntary.

In which of the following situations would the suspect be considered "in custody" for Miranda warning purposes?

Do Terry-type investigative stops and ordinary traffic stops require a Miranda warning by the police? Explain why or why not.

Define these terms: statement,admission,interrogation,and confession.

The warnings required by Miranda must be given before police question a person who is in custody or deprived of his or her _______________________________.

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters

Exam 13: Interrogations, Admissions, and Confessions

What is the Miranda Warning?

?A criminal suspect is arrested and subsequently confesses to a crime.The court determines that the Miranda requirements were violated during the interrogation,but that the statements were given voluntarily.At trial:

Miranda warnings are required to be given anytime a person is about to be questioned by police for any information,including basic questioning that occurs before a person is identified as a suspect.

What is the essential reason why the right to counsel under the 5th Amendment is less restrictive on the role of the police than the right to counsel under the 6th Amendment?

In reference to admissibility of confessions,the case which shifted the area of inquiry from due process to the Fifth Amendment privilege against self-incrimination is ______________.

?To have a valid waiver of a person's Miranda rights,the waiver must:

Police are questioning a suspect about a crime.Miranda warnings are read to the suspect and the suspect clearly indicates he wishes to remain silent.The police:

The term ___________ is a broad term meaning simply any oral or written declaration or assertion.

Volunteered statements

After obtaining a waiver of a suspect's rights police start the process of interrogating a criminal suspect about a particular crime.After a few questions are asked,the suspect clearly and unambiguously communicates her desire to talk to an attorney.The police:

The Sixth Amendment's deliberate elicitation standard is broader than the protections afforded suspects under the Fifth Amendment because it prohibits authorities from engaging in conduct that would not be considered "interrogation" or its functional equivalent under Miranda.

Describe and provide a court case as an example to illustrate Miranda's limitation regarding testimonial evidence.

Briefly explain the right to counsel clause of the Sixth Amendment.

A defendant's silence after receiving Miranda warnings can be used against a defendant at trial in the prosecution's case-in-chief,but not for the purpose of impeachment.

A suspect admits that she killed her husband but that he deserved it because he was unfaithful.This statement is

Some courts have ruled that a confession produced by ___________ is not necessarily involuntary.

In which of the following situations would the suspect be considered "in custody" for Miranda warning purposes?

Do Terry-type investigative stops and ordinary traffic stops require a Miranda warning by the police? Explain why or why not.

Define these terms: statement,admission,interrogation,and confession.

The warnings required by Miranda must be given before police question a person who is in custody or deprived of his or her _______________________________.

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters