Exam 15: Self-Incrimination
When advising a suspect of the Miranda rights:
C
Will Eric's statement to Officer Franklin be admissible
C
Compare and contrast interrogation during a stop based on reasonable suspicion and one after arrest.
When an officer detains someone based on reasonable suspicion, the officer may briefly question the person who has been detained.Miranda warnings are not required.Proceeding without the warnings gives the officer a better chance of obtain information than he/she would have had if the suspect was given the Miranda warnings.On the other hand, the questioning must be brief.
When a person is under arrest he/she is in custody; Miranda warnings must be given before the person can be questioned.Giving the Miranda warnings makes it more likely that the suspect will recognize his/her right to refuse to answer questions. If the suspect waives his/her rights, the questioning can continue until either the officer or the suspect stops it.The Supreme Court, in the Miranda decision, viewed questioning in the police station as inherently coercive.To balance the scales, the court ruled that Miranda warnings were required before police could conduct custodial interrogation.
Compare and contrast the Miranda rights and those the Supreme Court applied in the Massiah case for suspects who have been indicted.Poorly phrased and
If a suspect invokes the right to have an attorney present during questioning, the police must not attempt to persuade the suspect to continue the questioning without an attorney present.
The privilege against self-incrimination can only be invoked if the suspect could be charged in criminal court as a result of statements made.
A person who has been given immunity can invoke the Fifth Amendment privilege against self-incrimination:
A person who is subpoenaed to testify in a criminal trial (not a defendant) can invoke the Fifth Amendment privilege against self-incrimination by:
Which of the following would be considered a volunteered statement for purposes of Miranda
Assume for this question that Eric invoked the right to remain silent when he told Officer Franklin to "Get out of here!": Will Eric's statement to Officer Hill about the carjacking be admissible in court
If Miranda warnings are given correctly and the suspect does not invoke his/her rights, officers may conduct more than one interrogation session without giving Miranda warnings again.
The defendant invokes the privilege against self-incrimination at trial by claiming the Fifth Amendment in response to each question.
Miranda warnings must be given at the time a suspect is arrested and taken into custody.
Miranda warnings are not required when a suspect is questioned by an undercover police officer posing as a cellmate.
The first Miranda warning states: You have the right to remain silent.This right applies:
Volunteered statements are admissible even though Miranda warnings were not given.
The Fifth Amendment can be used as grounds to refuse to give a voice exemplar.
Miranda warnings are required prior to both direct and indirect questioning of a suspect who is in custody.
List three situations in which the Supreme Court allows the police to question a suspect more than once.Which of these, if any, do you think follows the spirit of the original Miranda decision
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