Deck 12: Interrogation and Self-Incrimination

Question 1

A grant of immunity removes the privilege against self-incrimination, if the grant:

A)is accepted by the defendant.
B)is part of a negotiated plea bargain.
C)provides that the compelled statement cannot be used in a future prosecution.
D)is approved by defense counsel.

Answer 1

C

Question 2

The privilege against self-incrimination does not apply to:

A)handwriting samples.
B)voice samples.
C)fingerprinting.
D)all of the above.

Answer 2

D

Question 3

The Fifth Amendment privilege against self-incrimination protects against:

A)compelling people to incriminate themselves.
B)questioning suspects without their consent.
C)questioning suspects without judicial approval.
D)offering reduced charges in return for testimony.

Answer 3

A

Question 4

Interrogation may occur:

A)following arrest but prior to booking.
B)following arrest but prior to the filing of charges.
C)following arrest but prior to trial.
D)all of the above.

Question 5

The voluntariness of a confession is determined by:

A)the trial judge.
B)the prosecutor.
C)the jury.
D)judge and jury together.

Question 6

The Sixth Amendment right to counsel attaches:

A)during custodial interrogation.
B)at the commencement of trial.
C)at the commencement of judicial proceedings.
D)whenever requested by the defendant.

Question 7

For purposes of Miranda, custody occurs when:

A)the defendant has been seized under the Fourth Amendment.
B)the defendant has been stopped and frisked.
C)the defendant has been arrested.
D)the defendant has been charged with a crime.

Question 8

D was arrested for shoplifting, advised of her Miranda rights, and confessed to murder.The court should:

A)admit the confession in evidence only if the prosecution provides a signed Waiver of Rights Form from D.
B)admit the confession in evidence if D understood and voluntarily waived her Miranda rights.
C)admit the confession in evidence if the confession was voluntary.
D)exclude the confession unless defense counsel was present.

Question 9

According to Miranda, custody includes:

A)any Fourth Amendment seizure of the person.
B)significant restraint on the person's freedom.
C)any traffic stop.
D)presence at the police station.

Question 10

A confession must be corroborated by:

A)an accomplice of the defendant.
B)independent evidence establishing trustworthiness.
C)other statements of the defendant.
D)direct evidence.

Question 11

Under Miranda, interrogation includes:

A)express questioning only.
B)accusatory questioning only.
C)any conversation with the defendant.
D)express and implied questioning.

Question 12

To be admissible in evidence, confessions must:

A)be voluntary.
B)not violate the Miranda decision.
C)be corroborated.
D)all of the above.

Question 13

D was arrested without a warrant and without probable cause.The police also failed to advise D of her Miranda rights.The trial judge should:

A)dismiss all charges because of violations of D's constitutional rights.
B)dismiss all charges because an illegal arrest deprives the court of jurisdiction to put D to trial on the charges.
C)dismiss all charges as required by Miranda.
D)not dismiss the charges even though the police violated D's Fourth and Fifth Amendment rights.

Question 14

According to Miranda:

A)custodial interrogation is inherently coercive.
B)only interrogation at the police station is inherently coercive.
C)interrogation on the street is never coercive.
D)interrogation necessitates the presence of defense counsel.

Question 15

What is not part of the required Miranda warnings:

A)you have the right to counsel.
B)you are suspected of the following crime.
C)you may remain silent.
D)your statement can be used against you.