Exam 8: Interrogations and Confessions

One common concern when it comes to confessions is that a suspect's IQ may be too low for him/her to fully appreciate the situation.

Which of the following amendments to the U.S. Constitution is not used by the Court to ensure that confessions result from fair and constitutional procedures?

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by _____.

The U.S. Supreme Court has condemned and banned the process of obtaining confessions through extreme physical and psychological abuse of suspects known as the _____.

By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his/her Miranda rights?

What is the difference between testimonial and nontestimonial evidence? Give examples of each.

List and explain at least five of the factors to be considered in determining whether an individual would believe he/she is subject to a custodial interrogation.

Miranda v. Arizona established one of the few situations in which a defendant must be informed of his/her rights. Using the Court's reasoning, explain why they did so. Additionally, consider the many exceptions to Miranda covered in the text. Explain a few of these exceptions and explain why the Court chose to carve out these exceptions instead of simply reversing or overturning the Miranda requirement.

There are three primary criticisms of the due process test of voluntariness of confessions: a lack of clear police guidelines, the fact that defendants may falsely claim police misconduct, and that this lack of standards encourages (unnecessary) appeals and litigation. Explain the foundations behind these criticisms and how the Court has (or could) respond to them. Are these concerns enough of a concern to reconsider the policy? Why or why not?

The constitutional right to counsel during interrogation stems from the Fifth Amendment.

§ 3501 of the Omnibus Crime Control and Safe Streets Act of 1968 is the standard by which the courts decide the reasonableness of the amount of time a suspect is held before being brought before a magistrate.

Which of the following factors may contribute to creating the danger of a false confession?

Police may question a suspect who has invoked his/her Miranda rights about a different offense if the police have "scrupulously honored" the suspect's initial invocation.

Once a suspect has invoked his/her Miranda rights, police may continue questioning the suspect _____.

Which of the following is not one of the primary reasons confessions play an important role in the criminal justice system?

Ricco was recently arrested and interrogated by the police. He had been in custody for a lengthy period of time and, as a heroin addict, had begun to experience withdrawal. A doctor at the station was able to inject him with a mixture of substances to help ease his symptoms. Ricco promptly confessed. It was later discovered that the substance injected often has truth-telling properties. May there be a problem with Ricco's confession?

An innocent suspect who confesses out of a desire for publicity can be categorized as a/an _____.

The U.S. Supreme Court has stated that the objective of the voluntariness test is to provide _____.

Words or actions on the part of the police that the police reasonably should know are likely to elicit some response from a suspect are known as _____.

In order to invoke the public safety exception to Miranda, police must only have asked questions directed to safeguard the public from harm.