Deck 8: Interrogations and Confessions

Question 1

According to the text, all of the following factors can create the danger of a false confession except ______.

A)police bias
B)age and intelligence
C)false evidence
D)short interrogations

Answer 1

D

Question 2

Professors Steve Drizen and Richard Leo documented ______ proven false confessions between 1971 and 2002.

A)78
B)101
C)125
D)157

Answer 2

C

Question 3

Involuntary confessions violate an individual's ______.

A)privacy
B)liberty
C)life
D)property

Answer 3

B

Question 4

Sixth Amendment applies to government actors at which point in the criminal process?

A)once an investigation has begun
B)once an investigation focuses on a specific individual
C)once a suspect has been brought in for questioning
D)once judicial proceedings have been initiated against a suspect

Question 5

All of the following types of individuals were identified as being particularly vulnerable to trickery and manipulation EXCPET for ______.

A)the poor
B)the uneducated
C)the mentally challenged
D)the foreign born

Question 6

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

A)voluntary false confessor
B)compliant false confessor
C)internalized false confessor
D)factually false confessor

Question 7

If a suspect confesses in order to obtain a benefit such as the avoidance of abuse or mistreatment or to receive favorable consideration at sentencing, he or she is known as a ______.

A)voluntary false confessor
B)compliant false confessor
C)internalized false confessor
D)factually false confessor

Question 8

According to Professor Inbau, all of the following are important points concerning the importance of confessions except ______.

A)many criminal cases can be solved only through confessions or through information obtained from other individuals
B)suspects often will not admit their guilt unless subjected to lengthy interrogations by the police
C)successful police questioning requires sophisticated interrogation techniques that may be considered trickery or manipulative in ordinary police interactions with the public
D)police often resort to coercive tactics to extract a confession, although these can be considered unconstitutional

Question 9

A declaration in which an individual provides a fact that tends to establish his or her guilt is known as a/an ______.

A)admission
B)confession
C)elaboration
D)statement

Question 10

All of the following are primary reasons confessions play an important role in the criminal justice system except ______.

A)they help by exonerating the innocent
B)they are easier to obtain than physical evidence
C)they help police solve crimes when physical evidence is lacking
D)acknowledging guilt is a significant step toward rehabilitation of the offender

Question 11

An oral or written declaration to the police in which an individual may assert his or her innocence is referred to as a/an ______.

A)admission
B)confession
C)elaboration
D)statement

Question 12

In a ______ system of criminal procedure, the defendant does not enjoy the privilege against self-incrimination and must answer questions posed by the judge, who typically interrogates witnesses.

A)accusatorial
B)adversarial
C)constitutional
D)inquisitorial

Question 13

The English Star Chamber is an example of the ______ system of criminal procedure.

A)accusatorial
B)adversarial
C)constitutional
D)inquisitorial

Question 14

Professor Inbau illustrated the importance of ______.

A)eyewitness testimony
B)scientific evidence
C)coercive tactics
D)confessions

Question 15

An innocent suspect who accepts the police's version of the facts and comes to believe he has committed the crime can be categorized as a/an ______.

A)voluntary false confessor
B)compliant false confessor
C)internalized false confessor
D)factually false confessor

Question 16

Confessions play an important role in the criminal justice system for all of the following reasons except ______.

A)crime detection
B)fair procedures
C)accountability
D)efficiency

Question 17

The United States operates under a/an ______ system of criminal procedure, in which the prosecutor must establish guilt and the defendant cannot be compelled to testify against himself or herself.

A)accusatorial
B)adversarial
C)constitutional
D)inquisitorial

Question 18

All of the following amendments to the U.S.Constitution are used by the Court to ensure that confessions result from fair and constitutional procedures except the ______ Amendment.

A)Fifth
B)Sixth
C)Ninth
D)Fourteenth

Question 19

All of the following are constitutional limitations on police interrogations except ______.

A)Fourteenth Amendment due process clause
B)Second Amendment right to bear arms
C)Fifth Amendment self-incrimination clause
D)Sixth Amendment right to counsel

Question 20

All of the following were identified as potential challenges and problems associated with confessions in the criminal justice system except ______.

A)reliability
B)abuse
C)accountability
D)fair procedures

Question 21

In which of the following cases did the Supreme Court observe that isolated and inexperienced defendants had no reason not to believe that the police had ample power to carry out their threats?

A)White v.Texas
B)Lynumn v.Illinois
C)Blackburn v.Alabama
D)Mincey v.Arizona

Question 22

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by all of the following except ______.

A)a promise of lenient treatment
B)a false promise not to prosecute
C)threat of force
D)a voluntary confession

Question 23

The primary issue addressed by the McNabb-Mallory rule is ______.

A)the amount of psychological coercion police can use during an interrogation
B)the amount of time between arrest and first appearance before a magistrate
C)whether police can promise leniency to a suspect in order to obtain a confession
D)how long police can interrogate a suspect before informing him or her of his right to counsel

Question 24

All of the following factors are evaluated when considering the totality of the circumstances except ______.

A)interrogation
B)necessity
C)sentencing
D)procedural regularity

Question 25

The determination as to whether a confession is involuntary is based on the ______ surrounding a confession.

A)probable cause
B)totality of the circumstances
C)preponderance of the evidence
D)reasonable suspicion

Question 26

The voluntariness test falls under which of the following constitutional amendments?

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

Question 27

If a suspect makes a confession that results from drugs administered from the police that overpower the subject's rational intellect and free will, the confession is said to be ______.

A)forced
B)coerced
C)involuntary
D)irrational

Question 28

Escobedo v.Illinois extended the Sixth Amendment right to a lawyer to ______.

A)the period prior to arrest
B)the period prior to indictment
C)pretrial proceedings
D)posttrial motions

Question 29

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?

A)No, the confession was voluntary and there were no defects present.
B)Yes, the confession was likely not voluntary and only occurred as a result of the injection.
C)Yes, his age and intelligence may be called into question.
D)No, the confession was not a product of coercion.

Question 30

Ashcraft v.Tennessee extended the protections afforded by the Due Process Clause to include ______.

A)physical abuse
B)psychological coercion
C)false promises by police
D)threats by police

Question 31

If an individual acknowledges the commission of a crime in response to police questioning or voluntarily approaches the police to admit to the crime, it is referred to as a/an ______.

A)admission
B)confession
C)elaboration
D)statement

Question 32

In ______, the Supreme Court held that the use of confessions at trial that have been obtained through physical coercion violate suspects' fundamental rights.

A)Malloy v.Hogan
B)Bram v.United States
C)Beecher v.Alabama
D)Brown v.Mississippi

Question 33

Which of the following court cases pronounced that the aim of the voluntariness test is to also ensure fundamental fairness sin the methods used to obtain confessions?

A)Spano v.New York
B)Watts v.Indiana
C)Lisenba v.California
D)Townsend v.Sain

Question 34

The due process test is subject to all of the following criticisms except ______.

A)standards
B)evidence
C)litigation
D)prosecution

Question 35

All of the following were identified as inherent purposes of the voluntariness test except ______.

A)to solidify community-police relations
B)to ensure fundamental fairness for all suspects
C)to prevent the use of offensive police methods
D)to ensure suspects retain their free will

Question 36

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

A)probable cause
B)modified probable cause
C)preponderance of the evidence
D)reasonable suspicion

Question 37

The police methods test was first articulated in the ______ case.

A)Spano v.New York
B)Watts v.Indiana
C)Lisenba v.California
D)Townsend v.Sain

Question 38

Which of the following court cases illustrated the third degree?

A)Malloy v.Hogan
B)Bram v.United States
C)Beecher v.Alabama
D)Brown v.Mississippi

Question 39

Which of the following is based on the deep-rooted feeling that the police must obey the law while enforcing the law?

A)voluntariness test
B)police methods test
C)fundamental fairness
D)public safety exception

Question 40

The Bram v.United States case held that the ______ prohibited the use of involuntary confessions against defendants.

A)Sixth Amendment
B)Fourteenth Amendment
C)Fourth Amendment
D)Fifth Amendment

Question 41

Which of the following is an example of testimonial evidence?

A)handwriting exemplars
B)hair samples
C)an eyewitness account
D)examination of tattoos

Question 42

You have to answer questions that may tend to incriminate you, and your failure to respond cannot be used against you in a criminal proceeding.

Question 43

According to Professor Inaru, suspects often will not admit their guilt unless subjected to lengthy interrogations by police.

Question 44

The Sixth Amendment right against self-incrimination applies to ______.

A)communicative evidence
B)the taking of blood samples
C)the examination of scars
D)physical evidence

Question 45

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

Question 46

All of the following are required for officers to invoke the public safety exception to Miranda except ______.

A)a reasonable need to protect the officer or public must exist
B)there must be innocent bystanders in the immediate area
C)officers must have a reasonable belief of immediate threat of harm
D)questions asked must be related to the public safety

Question 47

When police interrogate a suspect using the "question first and warn later" technique, which statements are admissible at trial?

A)Any statements before and after the warning are admissible.
B)Only the statement after the warning is admissible.
C)The statement after the warning is admissible, if the suspect understands that the initial statements are not.
D)Any statements before the actual arrest took place.

Question 48

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

Question 49

What is required in court in order to establish a waiver of Miranda warnings?

A)The prosecution must establish a knowing, voluntary, and intelligent waiver by a preponderance of the evidence.
B)The defense must establish a knowing, voluntary, and intelligent waiver by a preponderance of the evidence.
C)The prosecution must establish a knowing, voluntary, and intelligent waiver beyond a reasonable doubt.
D)The defense must establish a knowing, voluntary, and intelligent waiver beyond a reasonable doubt.

Question 50

At what point must police cease questioning due to an invocation of Miranda?

A)when there is any indication the suspect desires an attorney
B)when the suspect gives a statement that a reasonable officer should understand to be an invocation
C)when the suspect clearly and unambiguously requests the presence of an attorney
D)when the suspect clearly states "I want to speak to a lawyer"

Question 51

The U.S.Supreme Court has adopted which test to determine whether a custodial interrogation has taken place?

A)an objective test
B)a subjective test
C)a reasonableness test
D)the custody test

Question 52

A suspect who falsely confesses to a crime due to mental impairment is a compliant false confessor.

Question 53

A suspect who is interrogated for extended periods of time (about 24-plus hours) has likely been subjected to an incommunicado interrogation.

Question 54

The § 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.

Question 55

A criticism of the due process test is that there are no clear guidelines for the police concerning what conduct is permissible and what conduct is impermissible.

Question 56

The U.S.Supreme Court has held that when reading a suspect his or her Miranda rights, it is important that ______.

A)the police use the proper terminology as outline in Miranda
B)the police clearly inform the suspect of his or her rights
C)the police verify that the suspect completely understands these rights
D)the police at least attempt to convey the suspect his or her rights

Question 57

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 ______.

A)functional equivalents of questioning
B)unspoken interrogation techniques
C)indirect questions
D)dark-room questions

Question 58

The use of an involuntary confession against a defendant is fundamentally unfair and compromises the integrity of the courtroom.

Question 59

In Miranda v.Arizona, the Court held that absent the three-part warning of rights, any police interrogation is "______."

A)unreasonable
B)unconstitutionally intimidating
C)inherently coercive
D)procedurally improper

Question 60

The Court stated in Escobedo v.Illinois that allowing a lawyer access to his or her client during interrogation would undoubtedly impede police interrogations and investigations.

Question 61

Identify the three step process of a waiver inquiry.

Question 62

What is express questioning?

Question 63

If the police use the "question first and warn later" interrogation technique, any statement made by the suspect is inadmissible at trial.

Question 64

What factors are considered when evaluating the totality of circumstances?

Question 65

What are the four interrelated purposes of the voluntariness test?

Question 66

The functional equivalent to express questioning refers to the questions directed at suspects by the police.

Question 67

Identify and discuss the three constitutional amendments that are integral to individuals' rights during police interrogations.

Question 68

What are some of the criticisms of the due process test?

Question 69

Explain the three types of false confessors and give examples of each.

Question 70

Identify and discuss the important roles that confessions play in the criminal justice system.

Question 71

What does it mean to say we operate within an adversarial system instead of an inquisitorial legal system?

Question 72

The police may initiate contact with an individual whose Sixth Amendment right to counsel has attached following a preliminary hearing, and the individual is free to talk to the police.

Question 73

Identify and discuss the potential challenges and problems that confessions present.

Question 74

A suspect who invokes his or her right to an attorney may be interrogated only in the event that the suspect initiates contact with the police.

Question 75

The government may intentionally elicit information.

Question 76

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

Question 77

A mentally competent defendant who affirmatively waives his or her rights clearly meets the express waiver standard.

Question 78

In the opinion for Davis v.United States, the U.S.Supreme Court held that the statement "maybe I should talk to a lawyer" is a sufficiently clear invocation of the suspect's Miranda rights.

Question 79

The Sixth Amendment applies to both federal and state government agents at or after the time that judicial proceedings have been initiated against an accused.

Question 80

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