Deck 11: Confessions and Admissions: Miranda V Arizona

Question 1

Under the Edwards rule,even if a suspect has invoked their right to an attorney under Miranda,the police may re- interrogate the suspect if

A)the suspect's attorney consents.
B)the police obtain permission from the prosecutor.
C)more than 48 hours has passed since invocation of the right to an attorney.
D)the suspect initiates contact with the police.

Answer 1

D

Question 2

Miranda has drawn a "bright line" rule for the admissibility of confessions by making them automatically inadmissible unless,prior to questioning,the suspect

A)satisfies the voluntariness rule.
B)has an attorney present.
C)has waived the attorney-client privilege.
D)has been given certain warnings and waives his or her rights.

Answer 2

D

Question 3

Unlike the Sixth Amendment right to counsel at interrogation,the Miranda ruling

A)applies only if the suspect is in custody.
B)does not apply if the suspect has not been indicted.
C)applies only if a lawyer has been appointed.
D)is offense-specific.

Answer 3

A

Question 4

Trustworthy statements taken in violation of Miranda may be used

A)in habeas corpus proceedings.
B)to impeach the credibility of a defendant who testifies.
C)to prove guilt.
D)in post-conviction relief proceedings.

Question 5

A suspect is asked about a crime by a private citizen acting on their own without any police involvement.The suspect makes incriminating statements.These statements are

A)admissible unless the suspect was in police custody.
B)inadmissible under Miranda.
C)admissible because the Fifth Amendment does not apply to private citizens.
D)admissible unless the suspect has been formally charged with a crime.

Question 6

Which of the following is required for a Miranda waiver to be valid?

A)The waiver must be in writing.
B)The waiver must be express.
C)The waiver must be made in the presence of an attorney.
D)The waiver must be must be made of the suspect's own free will.

Question 7

What standard is required for the government to demonstrate that an admission of a confession is harmless error?

A)By clear and convincing evidence
B)By a preponderance of the evidence
C)Beyond all doubt
D)Beyond a reasonable doubt

Question 8

A suspect who has an attorney is asked to waive his or her Miranda rights during the first interrogation.Although the attorney is not present,the suspect voluntarily and intelligently waives all Miranda rights.This waiver is

A)invalid because the attorney is not present.
B)invalid because the police must allow the suspect to consult with an attorney before asking for a waiver.
C)valid because a suspect who has already has an attorney loses the Miranda right to an attorney.
D)valid.

Question 9

Miranda warnings are required in police custodial interrogations because of concerns about the

A)Fifth Amendment ban on double jeopardy.
B)Fifth Amendment privilege against self-incrimination.
C)Sixth Amendment right to an attorney.
D)constitutional right to due process.

Question 10

Before Miranda,the courts decided on the admissibility of confessions and admissions on a case-by-case basis,based on

A)the public safety exception.
B)knowing and intelligent waivers.
C)voluntariness.
D)the Edwards rule.

Question 11

To be valid,a Miranda waiver must be

A)intelligent and knowing.
B)presumptive and knowing.
C)knowing and presumptive.
D)intelligent and voluntary.

Question 12

The Miranda warning is not required when confessions are made to private citizens acting on their own,because

A)the exclusionary rule does not apply.
B)there is deemed to be an automatic waiver.
C)the Fifth Amendment limits only government action.
D)private citizens have sovereign immunity.

Question 13

For Miranda purposes,"custody" usually means that a person is under arrest or

A)deprived of freedom in a significant way.
B)subject to a stop and frisk.
C)subject to a traffic stop and issuance of a ticket.
D)being questioned by a police officer.

Question 14

On appeal when reviewing possible violations of Miranda,the Supreme Court will

A)require automatic reversal of the conviction.
B)require that harmless error be considered.
C)require automatic affirmation of the conviction.
D)follow the Rule of Four.

Question 15

Miranda and the privilege against self-incrimination do not apply to identification procedures,because the warnings and privilege apply only to

A)testimonial evidence.
B)physical evidence.
C)probative evidence.
D)circumstantial evidence.

Question 16

Which of the following warnings to suspects is not required by the Miranda decision?

A)A warning that they have the right to terminate the interview at any time.
B)A warning that they have the right to remain silent.
C)A warning that anything they say may be used against them.
D)A warning that they have the right to have an attorney present.

Question 17

According to the Edwards rule,if a suspect in custody invokes the right to an attorney,he or she cannot be questioned again about the same offense without an attorney unless the

A)suspect initiates contact with the police.
B)suspect is re-arrested on a new charge.
C)suspect's current attorney quits.
D)police obtain permission from a judge.

Question 18

Miranda warnings must be given to any suspect who is

A)asked to repeat certain words said to the victim while in a lineup.
B)in custody and questioned by anyone,including private citizens,about criminal activity.
C)represented by an attorney.
D)in police custody and interrogated by the police.

Question 19

In an interrogation situation,a suspect may have a right to counsel according to the Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 20

Miranda warnings

A)must be given exactly as worded by the Court in the Miranda decision.
B)may vary slightly from the wording of the Miranda decision.
C)must inform a suspect of their right to remain silent.
D)must inform a suspect of their right to remain silent and may vary slightly from the wording of the Miranda decision.

Question 21

In Dickerson v.U.S. ,the U.S.Supreme Court held that Miranda warnings are

A)required by the U.S.Constitution.
B)a judge-made rule of evidence.
C)required only by federal statute.
D)required only by the common law.

Question 22

In Miranda v.Arizona,the U.S.Supreme Court decided that evidence obtained by the police during custodial interrogation of a suspect cannot be used in court during the trial unless the suspect was first informed of the right to

A)remain silent.
B)counsel.
C)withdraw from the interview.
D)counsel and to remain silent.

Question 23

Miranda v.Arizona was decided by the U.S.Supreme Court by a vote.

A)6-3
B)7-2
C)5-4
D)unanimous

Question 24

The old standard for admissibility of confessions and admission was problematic because it was

A)outdated.
B)difficult to understand.
C)difficult to apply.
D)it wasn't problematic.

Question 25

After the Miranda decision,the test for the admissibility of a confession was

A)mens rea.
B)prior custody.
C)physical evidence standard.
D)consent.

Question 26

The U.S.Supreme Court held that a confession must be suppressed if obtained during a detention without probable cause for an arrest and where the detention amounted to the

A)substantive analog of an arrest.
B)functional equivalent of an arrest.
C)procedural equal of an arrest.
D)equivalent form of an arrest.

Question 27

Police may still use the evidence obtained from an unwarned but

A)ignorant statement.
B)intelligent statement.
C)voluntary statement.
D)involuntary statement.

Question 28

Although often associated with a suspect's right to counsel,Miranda v.Arizona is in fact based on the

A)Sixth Amendment right to speedy trial.
B)Fifth Amendment right to protection against self-incrimination.
C)Sixth Amendment right to counsel.
D)Sixth Amendment right to bail.

Question 29

The Miranda warnings must be given when a suspect while in custody is interrogated for which of the following offense(s)?

A)Felony
B)Misdemeanor
C)A traffic stop
D)Felony and misdemeanor

Question 30

According to the Miranda rule,evidence obtained by the police during custodial interrogations cannot be used in court during trial unless

A)the defendant was first informed of the right not to incriminate oneself.
B)the defendant was first informed of the right to a lawyer.
C)that right is waived intelligently and voluntarily.
D)All of the answers are correct.

Question 31

Miranda v.Arizona is based on protections guaranteed by which of the following amendments?

A)The Fifth Amendment
B)The Sixth Amendment
C)The Seventh Amendment
D)The Eighth Amendment

Question 32

Before Miranda,the sole test for the admissibility of a confession was

A)consent.
B)waiver.
C)voluntariness.
D)intelligence,

Question 33

In which of the following situations are Miranda warnings needed?

A)Custody without interrogation
B)Custodial interrogation
C)Interrogation without custody
D)Both custody without interrogation and interrogation without custody

Question 34

In U.S.v.Dickerson (1999),the U.S.Court of Appeals held that the requirement of Miranda warnings was overruled by a federal statute because Miranda was

A)a judge-made rule that can be overridden by Congress.
B)an unconstitutional decision by the U.S.Supreme Court.
C)a constitutional command that can be overridden by Congress.
D)created by Congress and therefore subject to elimination by Congress.

Question 35

In which of the following ways are the Miranda warnings different from the right to counsel?

A)Comes under the Fifth Amendment right against self-incrimination
B)Apply only during custodial interrogation
C)Given by the police
D)All of the answers are correct.

Question 36

The rule that provides that harmless errors during trial in civil or criminal cases do not require a reversal of the judgment by an appellate court is known as the

A)good faith rule.
B)purged taint exception.
C)utility standard.
D)None of the answers are correct.

Question 37

For trial court judges,the importance of Miranda lies in the shift from the old voluntariness test to a new and clear standard that is

A)harder to apply.
B)difficult to apply.
C)easier to apply.
D)easier to understand.

Question 38

Which of the following is NOT a reason Miranda warnings are not required for traffic stops?

A)There is no custodial interrogation in a traffic stop.
B)Detention of a motorist pursuant to a traffic stop is presumptively temporary and brief.
C)A motorist does not feel free to leave in a typical traffic stop.
D)Circumstances associated with the typical traffic stop are not such that the motorist feels completely at the mercy of the police.

Question 39

The fact that Miranda tells the police exactly what they should do is

A)common in court decisions.
B)unusual in court decisions.
C)not true of Miranda.
D)both common in court decisions and not true of Miranda.

Question 40

In which of the following situations are Miranda warnings NOT required?

A)When the officer does not ask any questions
B)During general on-the-scene questioning
C)When the statement is volunteered
D)All of the answers are correct.

Question 41

In determining whether either suspect was in custody,the courts will examine whether the suspect was

A)under arrest.
B)not under arrest,but deprived of freedom in a significant way.
C)drunk.
D)under arrest or deprived of freedom in a significant way.

Question 42

A waiver that is not the result of any threat,force,or coercion and is made of the suspect's own free will is a(n)

A)voluntary waiver.
B)intelligent waiver.
C)voluntary and intelligent waiver.
D)standard waiver.

Question 43

When the person being interrogated is merely a/an to a crime Miranda warnings are not needed.

Question 44

A waiver of rights by a suspect who is competent and knows what he or she is doing is called a/an______________________________________________________________________waiver.

Question 45

A(n)means that the person owns up to something related to the act but may not have committed it.

Question 46

Miranda warnings are designed to protect the Amendment privilege against self-incrimination.

Question 47

The burden of proof on a waiver of Miranda or a constitutional right is on the .

Question 48

An error made by a trial court in admitting evidence does not require reversal of the conviction by an appellate court if the appellate court decides that the error was .

Question 49

The rule states that a suspect who invokes the right to remain silent cannot be questioned again about the same offense unless the suspect initiates contact with the police.

Question 50

Ahmed's original statement,which is inadmissible in court,can still be used for which of the following purposes?

A)To impeach a defendant's credibility.
B)To obtain collateral derivative evidence.
C)Both to impeach a defendant's credibility and to obtain collateral derivative evidence.
D)Neither to impeach a defendant's credibility nor to obtain collateral derivative evidence.

Question 51

Under the test before the Miranda decision,the question to be answered to determine admissibility of the statements given by Zona and Xavier was whether the statement was

A)made after the Botts warning.
B)made in the police interrogation room.
C)in writing.
D)voluntary.

Question 52

Trustworthy and voluntary statements taken in violation of Miranda may be used to as long as the jury is properly instructed on the use of this evidence.

A)impeach the credibility of a defendant who testifies
B)prove guilt if the defendant testifies and denies committing the crime
C)establish the existence of the public safety exception
D)show that the defendant has consciousness of guilt

Question 53

A waiver is the intentional relinquishment of a .

Question 54

The Miranda warnings must be given in the event of

A)custody by the police.
B)interrogation by the police.
C)discussion with the police.
D)custody and interrogation by the police.

Question 55

Suspect Zona was in custody but was not being questioned.

A)There is no need for the Miranda warning.
B)That statement is inadmissible because no warning was given.
C)The arrest is illegal because no warning was given.
D)None of the answers are correct.

Question 56

This waiver given by Ralph,who knows what he is doing and is sufficiently competent to waive his rights,is a(n)

A)voluntary waiver.
B)intelligent waiver.
C)intelligent and voluntary waiver.
D)None of the answers are correct.

Question 57

Miranda does not apply to statements or confessions made to persons.

Question 58

Suspect Xavier was being interrogated,but was not in custody at the time.

A)There is no need for the Miranda warning.
B)That statement is inadmissible because no warning was given.
C)The arrest is illegal because no warning was given.
D)None of the answers are correct.

Question 59

A waiver or statement is one that is given without threat or force and is made of the suspect's own free will.

Question 60

Undercover law enforcement officer Davis obtained a statement from Ahmed,with no Miranda warnings.This statement is

A)inadmissible because the suspect is in custody and undergoing interrogation by a police officer.
B)inadmissible because deception was used.
C)inadmissible if used to impeach the defendant's testimony at trial.
D)admissible because Miranda only applies to interrogation in a coercive,police-dominated atmosphere.

Question 61

Once a suspect has clearly his or her right to counsel,nothing the suspect says in response to further questioning may be used to cast doubt on their request.

Question 62

A confession is more than an admission.

Question 63

Miranda v.Arizona is based on the Fifth Amendment right to protection against .

Question 64

The Sixth Amendment right to counsel is specific.

Question 65

Miranda does apply to statements or confessions made to .

Question 66

A(n)is when a person says he or she committed the act.

Question 67

A(n)is an intentional giving up of a known right or remedy.

Question 68

Miranda warnings should be given for all offenses except routine .

Question 69

The exception occurs when questions asked by police officers are reasonably prompted by concern for safety of the public.

Question 70

An interrogation that takes place while a suspect is in custody is a(n)interrogation.

Question 71

As a result of the U.S.Supreme Court decision in Dickerson,only a constitutional can do away at present with the Miranda warnings.

Question 72

When asking a suspect routine identification questions,Miranda apply.

Question 73

When police ask incriminating questions,it is considered .

Question 74

If a suspect is in custody,he/she is under arrest or deprived of in a significant way.

Question 75

A(n)is when a person admits to something related to the act but may not have committed it.

Question 76

If a suspect is not under arrest,but is deprived of freedom in a significant way,he is in

Question 77

Miranda v.Arizona has drawn a rule for admissibility of confessions and admissions and has led to changes that have since become an accepted part of routine police work.

Question 78

Miranda rights may only be waived and intelligently.

Question 79

Miranda rights may only be waived knowingly and .

Question 80

When police ask incriminating questions,it is considered .