Question 1

Jurors credit confessions with a great deal of importance in the determination of a defendant's guilt or innocence.

Accepted Answer

A) True 
 B)False  True

Question 2

The test for determining if the police should know that a practice is likely to elicit an incriminating statement from the suspect is:

Accepted Answer

A)  The police officers have to look from their viewpoint and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
B)  The police officers have to look from the viewpoint of the suspect and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
C)  The police officers have to look from the viewpoint of a reasonable man and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
D)  The police officers have to look at the totality of the circumstances and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
A)  The police officers have to look from their viewpoint and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
B)  The police officers have to look from the viewpoint of the suspect and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
C)  The police officers have to look from the viewpoint of a reasonable man and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. 
D)  The police officers have to look at the totality of the circumstances and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself. B

Question 3

Miranda applies only to custodial interrogations.

Accepted Answer

A) True 
 B)False  True

Question 4

What four steps need to be satisfied for a police officer to rely on the public safety exception?

Accepted Answer

Student responses sh

Question 5

_________________ occurs when questions are directed to a suspect by the police.

Accepted Answer

A)  Express questioning 
B)  Functional equivalent of express questioning 
C)  Incriminating questioning 
D)  Investigative questioning 
A)  Express questioning 
B)  Functional equivalent of express questioning 
C)  Incriminating questioning 
D)  Investigative questioning

Question 6

Whether the waiver of Miranda rights meets the constitutional requirements is determined by the totality of the circumstances.

Accepted Answer

A) True 
 B)False

Question 7

The waiver of one's Miranda rights must be voluntary, knowing, and intelligent.

Accepted Answer

A) True 
 B)False

Question 8

What question does a court typically ask when determining if a person is under arrest?

Accepted Answer

A)  Whether the police officer announced that the person was under arrest 
B)  Whether a reasonable person would feel free to leave 
C)  Whether the person felt free to leave 
D)  Whether the police encounter took place in pubic or in private 
A)  Whether the police officer announced that the person was under arrest 
B)  Whether a reasonable person would feel free to leave 
C)  Whether the person felt free to leave 
D)  Whether the police encounter took place in pubic or in private

Question 9

____________ occurs when the police say or do something (outside that which would normally occur during an arrest) that the police should know is reasonable likely to elicit an incriminating response from the suspect.

Accepted Answer

A)  Express questioning 
B)  Functional equivalent of express questioning 
C)  Incriminating questioning 
D)  Investigative questioning 
A)  Express questioning 
B)  Functional equivalent of express questioning 
C)  Incriminating questioning 
D)  Investigative questioning

Question 10

The prosecution bears the burden of proving that a Miranda waiver was given:

Accepted Answer

A)  Voluntarily 
B)  Knowingly 
C)  Intelligently 
D)  All of the above 
E)  Only a and b 
A)  Voluntarily 
B)  Knowingly 
C)  Intelligently 
D)  All of the above 
E)  Only a and b

Question 11

Identify which three constitutional provisions place limitations on police interrogations and, for each, state what limitations they place on interrogations.

Accepted Answer

Student response should include issues a

Question 12

Police use of actions or words that are reasonable likely to elicit an incriminating response is an acceptable method of obtaining information without running the risk of violating Miranda.

Accepted Answer

A) True 
 B)False

Question 13

Under common law, confessions that were __________ were declared inadmissible into evidence.

Accepted Answer

A)  extracted through the threat or application of force 
B)  extracted through a false promise not to prosecute 
C)  extracted through a promise of lenient treatment 
D)  all of the above 
A)  extracted through the threat or application of force 
B)  extracted through a false promise not to prosecute 
C)  extracted through a promise of lenient treatment 
D)  all of the above

Question 14

Express questioning means asking for a summary rather than a detailed recantation of the events that occurred.

Accepted Answer

A) True 
 B)False

Question 15

When examining the Sixth Amendment right to counsel, the right applies at or after the time that judicial proceedings have been initiated against the accused by:

Accepted Answer

A)  The filing of an information 
B)  A preliminary hearing 
C)  First appearance 
D)  All of the above 
E)  Only a and b 
A)  The filing of an information 
B)  A preliminary hearing 
C)  First appearance 
D)  All of the above 
E)  Only a and b

Question 16

If a suspect invokes his Miranda right to counsel, which of the following statements is true?

Accepted Answer

A)  The police can continue to question the suspect prior to the suspect's conferring with counsel if the questioning pertains to a crime other than the crime the suspect was questioned about committing. 
B)  The police can resume questioning of the suspect prior to the suspect's conferring with counsel provided that a sufficient period of time has passed between the invocation of Miranda and resumed questioning. 
C)  The police can question the suspect further once the suspect has invoked his Miranda right to counsel but failed to obtain counsel within a reasonable period of time. 
D)  The police can resume questioning the suspect if the suspect comes forward and initiates the contact with the police. 
A)  The police can continue to question the suspect prior to the suspect's conferring with counsel if the questioning pertains to a crime other than the crime the suspect was questioned about committing. 
B)  The police can resume questioning of the suspect prior to the suspect's conferring with counsel provided that a sufficient period of time has passed between the invocation of Miranda and resumed questioning. 
C)  The police can question the suspect further once the suspect has invoked his Miranda right to counsel but failed to obtain counsel within a reasonable period of time. 
D)  The police can resume questioning the suspect if the suspect comes forward and initiates the contact with the police.

Question 17

Potential problems and challenges of confessions for the criminal justice system include:

Accepted Answer

A)  Police officers may use coercive psychological or physical methods to extract confessions. 
B)  The danger of a false confession resulting in a true confession is virtually nonexistent. 
C)  Wealthy and educated persons are more likely to talk to the police, thus benefitting from lesser charges of lighter sentences agreed to during plea bargaining. 
D)  It speeds up the adversarial process of the criminal justice system, expediting convictions. 
A)  Police officers may use coercive psychological or physical methods to extract confessions. 
B)  The danger of a false confession resulting in a true confession is virtually nonexistent. 
C)  Wealthy and educated persons are more likely to talk to the police, thus benefitting from lesser charges of lighter sentences agreed to during plea bargaining. 
D)  It speeds up the adversarial process of the criminal justice system, expediting convictions.

Question 18

If a suspect gives a confession before being given his or her Miranda warnings, then gives a second statement after being given his or her Miranda warnings, the second statement is automatically inadmissible against the suspect.

Accepted Answer

A) True 
 B)False

Question 19

Explain the test that the Court uses in determining if an interrogation was custodial.

Accepted Answer

Student responses should inclu

Question 20

Factors to be considered in determining whether an individual was subjected to a custodial arrest include all of the following, except:

Accepted Answer

A)  The number of police officers at the scene of the questioning 
B)  Whether the individual is in familiar or unfamiliar surroundings 
C)  Whether the officer used physical force to restrain the individual 
D)  All of the above 
A)  The number of police officers at the scene of the questioning 
B)  Whether the individual is in familiar or unfamiliar surroundings 
C)  Whether the officer used physical force to restrain the individual 
D)  All of the above

Jurors credit confessions with a great deal of importance in the determination of a defendant's guilt or innocence.

The test for determining if the police should know that a practice is likely to elicit an incriminating statement from the suspect is:

Miranda applies only to custodial interrogations.

What four steps need to be satisfied for a police officer to rely on the public safety exception?

_________________ occurs when questions are directed to a suspect by the police.

Whether the waiver of Miranda rights meets the constitutional requirements is determined by the totality of the circumstances.

The waiver of one's Miranda rights must be voluntary, knowing, and intelligent.

What question does a court typically ask when determining if a person is under arrest?

____________ occurs when the police say or do something (outside that which would normally occur during an arrest) that the police should know is reasonable likely to elicit an incriminating response from the suspect.

The prosecution bears the burden of proving that a Miranda waiver was given:

Identify which three constitutional provisions place limitations on police interrogations and, for each, state what limitations they place on interrogations.

Police use of actions or words that are reasonable likely to elicit an incriminating response is an acceptable method of obtaining information without running the risk of violating Miranda.

Under common law, confessions that were __________ were declared inadmissible into evidence.

Express questioning means asking for a summary rather than a detailed recantation of the events that occurred.

When examining the Sixth Amendment right to counsel, the right applies at or after the time that judicial proceedings have been initiated against the accused by:

If a suspect invokes his Miranda right to counsel, which of the following statements is true?

Potential problems and challenges of confessions for the criminal justice system include:

If a suspect gives a confession before being given his or her Miranda warnings, then gives a second statement after being given his or her Miranda warnings, the second statement is automatically inadmissible against the suspect.

Explain the test that the Court uses in determining if an interrogation was custodial.

Factors to be considered in determining whether an individual was subjected to a custodial arrest include all of the following, except:

Introduction

The Criminal Justice Process

Types of Evidence

Direct and Circumstancial Evidence

Witnesses

Witnesses: The Opinion Rule and Expert Testimony

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay

Privileges

The Exclusionary Rule

Searches and Seizure and Privacy

Stop and Frisk

Probable Cause and Arrests

Searches and Seizures of Property

Eyewitness Identification

Filters

Exam 16: Interrogations and Confessions

Jurors credit confessions with a great deal of importance in the determination of a defendant's guilt or innocence.

The test for determining if the police should know that a practice is likely to elicit an incriminating statement from the suspect is:

Miranda applies only to custodial interrogations.

What four steps need to be satisfied for a police officer to rely on the public safety exception?

_________________ occurs when questions are directed to a suspect by the police.

Whether the waiver of Miranda rights meets the constitutional requirements is determined by the totality of the circumstances.

The waiver of one's Miranda rights must be voluntary, knowing, and intelligent.

What question does a court typically ask when determining if a person is under arrest?

____________ occurs when the police say or do something (outside that which would normally occur during an arrest) that the police should know is reasonable likely to elicit an incriminating response from the suspect.

The prosecution bears the burden of proving that a Miranda waiver was given:

Identify which three constitutional provisions place limitations on police interrogations and, for each, state what limitations they place on interrogations.

Police use of actions or words that are reasonable likely to elicit an incriminating response is an acceptable method of obtaining information without running the risk of violating Miranda.

Under common law, confessions that were __________ were declared inadmissible into evidence.

Express questioning means asking for a summary rather than a detailed recantation of the events that occurred.

When examining the Sixth Amendment right to counsel, the right applies at or after the time that judicial proceedings have been initiated against the accused by:

If a suspect invokes his Miranda right to counsel, which of the following statements is true?

Potential problems and challenges of confessions for the criminal justice system include:

If a suspect gives a confession before being given his or her Miranda warnings, then gives a second statement after being given his or her Miranda warnings, the second statement is automatically inadmissible against the suspect.

Explain the test that the Court uses in determining if an interrogation was custodial.

Factors to be considered in determining whether an individual was subjected to a custodial arrest include all of the following, except:

Introduction

The Criminal Justice Process

Types of Evidence

Direct and Circumstancial Evidence

Witnesses

Witnesses: The Opinion Rule and Expert Testimony

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay

Privileges

The Exclusionary Rule

Searches and Seizure and Privacy

Stop and Frisk

Probable Cause and Arrests

Searches and Seizures of Property

Eyewitness Identification

Filters