Deck 6: Interrogations and Confessions

Question 1

Miranda v. Arizona is based on the following:

A) Fifth Amendment privilege against self-incrimination
B) Sixth Amendment right to counsel
C) Fourteenth Amendment right to due process
D) all of the above

Answer 1

A

Question 2

The free and voluntary rule requires suppression of confessions:

A) obtained by lying to the suspect about the strength of the evidence linking him to the crime.
B) induced through a promise that the suspect will receive a lighter sentence if he or she confesses.
C) that result from a delusional mental illness that robs the suspect of the ability to make a rational choice.
D) all of the above.

Answer 2

B

Question 3

The following rule protects defendants against an undue delay in arraignment:

A) McNabb-Mallory rule
B) Wong Sun rule
C) Corley rule
D) none of the above

Answer 3

A

Question 4

The free and voluntary requirement derives from the:

A) Fifth Amendment privilege against self-incrimination.
B) Fourth Amendment privilege against self-incrimination.
C) Eighth Amendment.
D) Fourteenth Amendment.

Question 5

_________ is the independent proof required in addition to a confession that a crime has been committed:

A) corpus delecti
B) habeas corpus
C) McNabb-Mallory
D) none of the above

Question 6

The following describes the protection standard afforded under the Sixth Amendment:

A) corpus delecti
B) habeas corpus
C) deliberate elicitation
D) McNabb-Mallory

Question 7

The following case established the "fruit of the poisonous tree" doctrine:

A) McNabb v. United States
B) Miranda v. Arizona
C) Wong Sun v. United States
D) Mallory v. United States

Question 8

Suspects are required to be advised of all of the following in a Miranda warning except for:

A) the right to an attorney
B) anything said can be used in a court of law
C) the right to remain silent
D) the right to trial by jury

Question 9

After a suspect invokes the right to counsel, questioning may resume only if:

A) counsel is present
B) police visit the suspect at his or her home
C) suspect reopens the dialogue
D) both a & c

Question 10

Miranda procedural requirements apply during:

A) traffic stops.
B) custodial interrogations.
C) interrogations conducted after a defendant has been formally charged.
D) all of the above.

Question 11

A confession does not have to derive from improper government activity to be considered involuntary in the constitutional sense.

Question 12

___________ begins when police officers place a suspect under formal arrest or take a suspect into custody:

A) prosecutorial stage
B) Terry stage
C) McNabb-Mallory stage
D) custodial interrogation stage

Question 13

The constitutional requirements for an admissible confession vary with the stage in the development of a criminal case at which the confession is obtained. The free and voluntary requirement applies during:

A) investigatory stops.
B) custodial interrogations.
C) interrogations conducted after a defendant has been formally charged.
D) all of the above.

Question 14

_________ are always exempt from having to provide Miranda warnings:

A) prison psychiatrists
B) security officers
C) both a & c
D) none of the above

Question 15

The legal hurdles that confessions must pass in order to be considered constitutional stem from the following group of amendments:

A) First, Fifth, Sixth, and Fourteenth
B) Fourth, Fifth, Sixth, and Fourteenth
C) Fifth, Sixth, Tenth, and Fifteenth
D) Fourth, Fifth, Tenth, and Fourteenth

Question 16

State courts are not required to follow the McNabb-Mallory rule.

Question 17

Sixth Amendment right to counsel attaches at this point:

A) when adversarial judicial proceedings are commenced
B) when a suspect is read his or her Miranda warnings
C) during a Terry stop
D) at the issuance of an arrest warrant

Question 18

Which of the following factors is relevant in deciding whether the defendant's confession was voluntary?

A) The defendant's intelligence.
B) The defendant's prior experience with the criminal justice system.
C) The existence of threats and false promises.
D) All of the above.

Question 19

Force and brutality render confessions involuntary as a matter of law.

Question 20

An inadmissible confession may be used to impeach the witness if:

A) defendant takes the stand and testifies on his or her own behalf
B) confession was freely and voluntarily given
C) the story the defendant tells the jurors differs from what he or she told police
D) all of the above

Question 21

Miranda safeguards do not only apply when police interrogate a suspect who is then in custody.

Question 22

Miranda safeguards are not required when a suspect is not aware that he is speaking to a police officer.