Question 1

A suspect can waive his Miranda right to silence after he or she invoked it by initiating a conversation with the police.

Accepted Answer

A) True 
 B)False

Question 2

The Fifth Amendment protection against self-incrimination encompasses all of the following, except:

Accepted Answer

A)  Trial testimony 
B)  Participation in a lineup 
C)  Oral confessions 
D)  Personal documents 
A)  Trial testimony 
B)  Participation in a lineup 
C)  Oral confessions 
D)  Personal documents

Question 3

Which of the following might be relied on by a court in concluding that a confession was not given voluntarily?

Accepted Answer

A)  The police used the defendant's childhood friend to play on the defendant's sympathy. 
B)  The police gave the defendant the Miranda warning and stopped questioning when the defendant stated that he wanted to speak to a lawyer. 
C)  The defendant has a long history of arrest and was familiar with his Miranda rights. 
D)  The police engaged in conversation with the defendant as a person with information that might help them find the person responsible for the crime. 
A)  The police used the defendant's childhood friend to play on the defendant's sympathy. 
B)  The police gave the defendant the Miranda warning and stopped questioning when the defendant stated that he wanted to speak to a lawyer. 
C)  The defendant has a long history of arrest and was familiar with his Miranda rights. 
D)  The police engaged in conversation with the defendant as a person with information that might help them find the person responsible for the crime.

Question 4

What is the burden of proof placed on the prosecution in establishing that a defendant properly waived his or her Miranda rights?

Accepted Answer

A)  Probable cause 
B)  Preponderance of the evidence 
C)  Clear and convincing evidence 
D)  Beyond a reasonable doubt 
A)  Probable cause 
B)  Preponderance of the evidence 
C)  Clear and convincing evidence 
D)  Beyond a reasonable doubt

Question 5

An example of evidence that is nontestimonial in nature and, as such, does not benefit from the privilege against self-incrimination is:

Accepted Answer

A)  Handwriting exemplars 
B)  Personal documents 
C)  Fingerprints 
D)  Both a and c 
E)  All of the above 
A)  Handwriting exemplars 
B)  Personal documents 
C)  Fingerprints 
D)  Both a and c 
E)  All of the above

Question 6

In Michigan v. Mosley, in determining if a suspect's invocation of his or her right to remain silent under Miranda was "scrupulously honored" by the police officers, the Court relied on all of the following factors, except:

Accepted Answer

A)  When the suspect invoked his right to remain silent, police immediately stopped questioning him. 
B)  When the suspect invoked his right to remain silent, the police officers suspended further interrogation for a significant period of time. 
C)  The police read him his Miranda rights before questioning him a second time about a crime different in time, nature, and place. 
D)  All of the above 
E)  None of the above. 
A)  When the suspect invoked his right to remain silent, police immediately stopped questioning him. 
B)  When the suspect invoked his right to remain silent, the police officers suspended further interrogation for a significant period of time. 
C)  The police read him his Miranda rights before questioning him a second time about a crime different in time, nature, and place. 
D)  All of the above 
E)  None of the above.

Question 7

Identify and discuss the circumstances when the Sixth Amendment right to counsel applies.

Accepted Answer

Student responses should inclu

Question 8

Which case extended the self-incrimination clause of the Fifth Amendment to the states?

Accepted Answer

A)  Miranda v. Arizona 
B)  Malloy v. Hogan 
C)  Arizona v. Fulimante 
D)  Escobedo v. Illinois 
A)  Miranda v. Arizona 
B)  Malloy v. Hogan 
C)  Arizona v. Fulimante 
D)  Escobedo v. Illinois

Question 9

Explain the difference between an express waiver and an implied waiver.

Accepted Answer

Student responses should include that an

Question 10

In which case did the U.S. Supreme Court outline the three-step process for a Miranda waiver inquiry?

Accepted Answer

A)  Salinas v. Texas 
B)  Moran v. Burbine 
C)  Miranda v. Arizona 
D)  Colorado v. Connelly 
A)  Salinas v. Texas 
B)  Moran v. Burbine 
C)  Miranda v. Arizona 
D)  Colorado v. Connelly

Question 11

Invoking the right to counsel requires a clean and unambiguous statement or conduct that is consistent with the invocation of one's rights.

Accepted Answer

A) True 
 B)False

Question 12

According to the late Professor Inbau, which of the following statements does not illustrate the importance of confessions?

Accepted Answer

A)  Many criminal cases can be solved only through confessions or through information obtained from other individuals 
B)  Police are forced to rely on confessions because jurors place a great deal of importance on a confession in their determination of guilt. 
C)  Suspects often will not admit their guilt unless subjected to lengthy interrogations by the police. 
D)  Successful police questioning requires sophisticated interrogation techniques that may be considered trickery or manipulation in ordinary police interactions with the public. 
A)  Many criminal cases can be solved only through confessions or through information obtained from other individuals 
B)  Police are forced to rely on confessions because jurors place a great deal of importance on a confession in their determination of guilt. 
C)  Suspects often will not admit their guilt unless subjected to lengthy interrogations by the police. 
D)  Successful police questioning requires sophisticated interrogation techniques that may be considered trickery or manipulation in ordinary police interactions with the public.

Question 13

In Oregon v. Elstad, the Court addressed whether a first confession, given voluntarily before being read his Miranda rights, tainted the second confession by the defendant made after he was placed under arrest and read his Miranda rights. How did the Court answer this question?

Accepted Answer

A)  Reading the suspect his Miranda rights after his arrest cured the taint of the first confession. 
B)  Once placed under arrest and read his Miranda rights, the officers had a duty to advise the suspect that his first confession was inadmissible. 
C)  The defendant was precluded from subsequently invoking his Miranda rights once he voluntarily "let the cat out of the bag." 
D)  Requiring police officers to disregard the second confession would only impede the officers' ability to combat crime and would unnecessarily burden the prosecution. 
A)  Reading the suspect his Miranda rights after his arrest cured the taint of the first confession. 
B)  Once placed under arrest and read his Miranda rights, the officers had a duty to advise the suspect that his first confession was inadmissible. 
C)  The defendant was precluded from subsequently invoking his Miranda rights once he voluntarily "let the cat out of the bag." 
D)  Requiring police officers to disregard the second confession would only impede the officers' ability to combat crime and would unnecessarily burden the prosecution.

Question 14

The Court has held that Miranda warnings are a talismanic incantation.

Accepted Answer

A) True 
 B)False

Question 15

Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant.

Accepted Answer

A)  voluntarily 
B)  knowingly 
C)  intelligently 
D)  all of the above 
A)  voluntarily 
B)  knowingly 
C)  intelligently 
D)  all of the above

Question 16

In determining of a suspect's ambiguous statement constituted the suspect invoking his or her Miranda right to counsel, the police officer is required to question the ambiguity for clarification before resuming questioning of the suspect.

Accepted Answer

A) True 
 B)False

Question 17

In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial:

Accepted Answer

A)  To impeach the defendant if the defendant takes the witness stand 
B)  To refresh a witness's recollection of the events when the witness is on the witness stand 
C)  Under no circumstances 
D)  To support the testimony of the arresting officer 
A)  To impeach the defendant if the defendant takes the witness stand 
B)  To refresh a witness's recollection of the events when the witness is on the witness stand 
C)  Under no circumstances 
D)  To support the testimony of the arresting officer

A suspect can waive his Miranda right to silence after he or she invoked it by initiating a conversation with the police.

The Fifth Amendment protection against self-incrimination encompasses all of the following, except:

Which of the following might be relied on by a court in concluding that a confession was not given voluntarily?

What is the burden of proof placed on the prosecution in establishing that a defendant properly waived his or her Miranda rights?

An example of evidence that is nontestimonial in nature and, as such, does not benefit from the privilege against self-incrimination is:

In Michigan v. Mosley, in determining if a suspect's invocation of his or her right to remain silent under Miranda was "scrupulously honored" by the police officers, the Court relied on all of the following factors, except:

Identify and discuss the circumstances when the Sixth Amendment right to counsel applies.

Which case extended the self-incrimination clause of the Fifth Amendment to the states?

Explain the difference between an express waiver and an implied waiver.

In which case did the U.S. Supreme Court outline the three-step process for a Miranda waiver inquiry?

Invoking the right to counsel requires a clean and unambiguous statement or conduct that is consistent with the invocation of one's rights.

According to the late Professor Inbau, which of the following statements does not illustrate the importance of confessions?

In Oregon v. Elstad, the Court addressed whether a first confession, given voluntarily before being read his Miranda rights, tainted the second confession by the defendant made after he was placed under arrest and read his Miranda rights. How did the Court answer this question?

The Court has held that Miranda warnings are a talismanic incantation.

Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant.

In determining of a suspect's ambiguous statement constituted the suspect invoking his or her Miranda right to counsel, the police officer is required to question the ambiguity for clarification before resuming questioning of the suspect.

In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial:

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

A suspect can waive his Miranda right to silence after he or she invoked it by initiating a conversation with the police.

The Fifth Amendment protection against self-incrimination encompasses all of the following, except:

Which of the following might be relied on by a court in concluding that a confession was not given voluntarily?

What is the burden of proof placed on the prosecution in establishing that a defendant properly waived his or her Miranda rights?

An example of evidence that is nontestimonial in nature and, as such, does not benefit from the privilege against self-incrimination is:

In Michigan v. Mosley, in determining if a suspect's invocation of his or her right to remain silent under Miranda was "scrupulously honored" by the police officers, the Court relied on all of the following factors, except:

Identify and discuss the circumstances when the Sixth Amendment right to counsel applies.

Which case extended the self-incrimination clause of the Fifth Amendment to the states?

Explain the difference between an express waiver and an implied waiver.

In which case did the U.S. Supreme Court outline the three-step process for a Miranda waiver inquiry?

Invoking the right to counsel requires a clean and unambiguous statement or conduct that is consistent with the invocation of one's rights.

According to the late Professor Inbau, which of the following statements does not illustrate the importance of confessions?

In Oregon v. Elstad, the Court addressed whether a first confession, given voluntarily before being read his Miranda rights, tainted the second confession by the defendant made after he was placed under arrest and read his Miranda rights. How did the Court answer this question?

The Court has held that Miranda warnings are a talismanic incantation.

Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant.

In determining of a suspect's ambiguous statement constituted the suspect invoking his or her Miranda right to counsel, the police officer is required to question the ambiguity for clarification before resuming questioning of the suspect.

In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial:

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