Exam 11: Confessions and Pretrial Identification Procedures

Our accusatory system of justice relies on which of the following to prove guilt?

The right to counsel is stated in the Seventh Amendment.

In upholding the Fifth Amendment,our society must balance

A defendant can testify at a confession suppression hearing without giving up the right to remain silent at trial.

The requirement of a reading of Miranda warnings may be overridden by concern for

The right against self-incrimination is provided in the Sixth Amendment to the Constitution.

Evidence that is protected by the right against self-incrimination is

Paralegal research on a suppression issue is best done by analyzing

Evidence that is incriminating

A suspect may refuse to give his name to police

Generally,incriminating regulatory reports such as securities transactions cannot be compelled.

Waiver of the right to remain silent is invalid if it is achieved through a promise of leniency by police.

Even minor deviations in wording from the warning stated in Miranda will cause a subsequent statement to be excluded as evidence.

Incriminating testimony can be compelled when the statute of limitations has run on the crime.

Interrogation is

If an accused in custody asserts the right to silence,the government bears a heavy burden of proof to show that a later waiver of the privilege was made

A prosecutor may not draw attention to the fact that the defendant relied on the right not to incriminate himself.

The use of unchallenged confessions places great power in the hands of the state.

Witness immunity does not transfer from one jurisdiction to another.

The right against self-incrimination applies to any proceeding where the answers might incriminate the person in future criminal proceedings.