Deck 5: Interrogation, confessions, and Miranda

Question 1

Through discovery,a defense attorney can get copies of the prosecutor's work product.

Answer 1

False

Question 2

When a defendant confesses to a crime,what must the state show before the jury can hear this confession?

A)That it was freely given
B)That it was not coerced
C)That no promises were made to the suspect to get him or her to confess
D)All of the above

Answer 2

D

Question 3

This is the hearing designed to prove that the defendant's statement was given freely and voluntarily:

A)Jackson v.Denno hearing
B)Motion to dismiss
C)Motion for directed verdict
D)Gideon v.Wainwright motion

Answer 3

A

Question 4

All of the following are exceptions to the rule that Miranda rights must be read to a suspect,except

A)voluntary statements.
B)exigent circumstances.
C)defendant's demeanor.
D)traffic stops.

Question 5

In some states,the defendant's presence at court is secured through a bail bond.

Question 6

When a person fails to appear at court,the judge is allowed to enter a conviction against that person.

Question 7

Police arrive at the scene of a reported shooting and find a bleeding victim and a man standing nearby.He is not armed.Police rush up to him and demand,"Where is the gun?" The man points at a nearby garbage can and says,"I threw it in there." Will the man's statement be admissible at trial?

A)No,because police did not read him his Miranda rights.
B)No,because the man did not make an incriminating statement.
C)Yes,because the man was not under suspicion at the time.
D)Yes,because Miranda does not apply to exigent circumstances.

Question 8

What is the sanction for violating Miranda?

A)The statement will be suppressed.
B)The officer will be fined.
C)The case will be dismissed.
D)There are no consequences to violating Miranda.

Question 9

Sam is being interrogated by the police and says,"I don't want to answer any more questions.I want to speak to my lawyer." Which of the following is the correct response of the interrogating officers?

A)"Your lawyer will be here in a few minutes.Tell us more about what happened the night of the crime."
B)"What makes you think you need a lawyer? You're not guilty,are you?"
C)"Okay,your lawyer is coming.A real man wouldn't need to hide behind a lawyer.A real man would tell the truth."
D)"Okay,we're done."

Question 10

The purpose of the arraignment is to inform the defendant of the charges against him or her.

Question 11

Which of the following may indicate that a suspect is not telling the truth?

A)Long delays before answering a question
B)Body language cues,such as failure to look a questioner in the eye
C)Inconsistencies in the suspect's story
D)All of the above

Question 12

Most criminal cases end in the defendant's plea of guilty.

Question 13

A defense attorney can plead his or her client guilty without the client's consent

Question 14

Why is the "Christian burial" case so important?

A)It shows that the police are not allowed to question a suspect after his or her arrest.
B)It shows that the police are not allowed to escort a suspect without the suspect's lawyer being present.
C)It shows that the police cannot continue to elicit testimony from a person who has expressed the right to remain silent.
D)It shows that where there are exigent circumstances,police can trick a suspect into confessing.

Question 15

In some states,changes in the criminal discovery rules compel the state to turn over witness statements,investigative reports,and police reports to the defense.

Question 16

During an interrogation,police ask the suspect,"What have you and your lawyer had to say to one another about this case?" Is this question permissible?

A)Yes,because the suspect's lawyer is not present.
B)Yes,because the suspect is free to answer or not,as he or she sees fit.
C)No,because any conversations between client and lawyer are legally protected.
D)No,because there is no showing that the police needed this information.

Question 17

When a person pleads "no lo contendere," this person is pleading not guilty.

Question 18

Depositions are required in criminal cases.

Question 19

A person is officially "under arrest" when

A)he or she believes that he or she is under arrest.
B)the officer believes that he or she is under arrest.
C)a reasonable person would believe that he or she is under arrest.
D)a judge declares that an arrest has been made.