Deck 8: Self Incrimination

Question 1

In Miranda v. Arizona (1966), a bare 5 to 4 SCOTUS majority created a "bright-line" rule to govern what? ​

A)custodial interrogations
B)any interrogation
C)custody
D)self-incrimination

Answer 1

A

Question 2

The self-incrimination approach applied the Fourth Amendment to custodial interrogation.

Answer 2

False

Question 3

The right-to-counsel approach to confessions has never been accepted by a SCOTUS majority.

Answer 3

False

Question 4

According to SCOTUS's decision in Miranda v. Arizona , custodial interrogation is inherently coercive.

Question 5

In Colorado v. Connelly (1986), SCOTUS ruled that Connelly's confession was voluntary, even though his serious mental illness led him to believe that God ordered him to "confess or commit suicide."

Question 6

In custodial interrogation, suspects are held against their will.

Question 7

Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

Question 8

Incriminating statements fall short of full confessions.

Question 9

Some interrogation tactics may result in innocent suspects believing they committed a crime.

Question 10

Confessions and incriminating statements are considered involuntary only if officers engage in coercive conduct during custodial interrogation, and this coercive conduct caused the suspect to make incriminating statements. ​

Question 11

The right to remain silent is an ancient right.

Question 12

Voluntary false confessions are a proven fact.

Question 13

Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because: ​

A)they believe police do not engage in high pressure interrogation.
B)they believe that being charged with a crime probably means the defendant is guilty.
C)of the fundamental attribution error.
D)they believe high pressure interrogation is the best way to get suspects to confess.

Question 14

What is the period in which police shift their attention from general investigation to building a case against a specific individual? ​

A)the custodial interrogation stage
B)the accusatory stage
C)the implied waiver stage
D)the incriminating stage

Question 15

In Miranda v. Arizona (1966), SCOTUS held that police officers violated Ernesto Miranda's Fifth Amendment right against self-incrimination during Miranda's custodial interrogation.

Question 16

According to SCOTUS's decision in Miranda v. Arizona , the waiver of Miranda rights may be presumed, either by silence following warnings or from an eventual confession.

Question 17

Researchers have found that law enforcement officers are better at judging videotaped confession interviews than are college students.

Question 18

According to what rationale do forced confessions violate due process, even if they're true? ​

A)the due process rationale
B)the accusatory system rationale
C)the investigatory rationale
D)the reliability rationale

Question 19

The reliability rationale for due process is that admitting unreliable evidence to prove guilt denies defendants the right to their lives without due process of law.

Question 20

The origin of the right to remain silent is tied to what common-law rule? ​

A)confessions have to be voluntary
B)confessions have to be knowing
C)confessions have to be free from self-incrimination
D)confessions have to be written

Question 21

The case of New York v. Quarles (1984), in which an officer asked a suspect about a gun, created what exception to the Miranda rule regarding custodial interrogation?

A)the free will exception
B)the implied waiver test
C)the public safety exception
D)the reliability rationale

Question 22

What rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life?

A)state's rights
B)reliability
C)forced confessions
D)Miranda

Question 23

What rationale states that involuntary confessions aren't just unreliable and contrary to the accusatory system of justice, they're also coerced if they're not "the product of a rational intellect and a free will" (307)?

A)the reliability rationale
B)the implied waiver rationale
C)the accusatory system rationale
D)the free will rationale

Question 24

Which type of evidence is protected by the Fifth Amendment?

A)weapons
B)testimonial statements
C)appearances in lineups
D)fingerprints

Question 25

Which case linked the Fifth and Sixth Amendments (self-incrimination and the right to counsel)?

A)Escobedo v. Illinois
B)Mapp v. Ohio
C)Terry v. Ohio
D)Miranda v. Arizona

Question 26

According to what test do suspects have to make clear statements that indicate they know their rights, know they're giving them up, and know the consequences of giving them up?

A)the implied waiver test
B)the express waiver test
C)the reliability waiver test
D)the free will waiver test

Question 27

According to DNA exonerations, what percentage of wrong convictions come from innocent people confessing to crimes they didn't commit?

A)10 percent
B)25 percent
C)50 percent
D)30 percent

Question 28

The right to remain silent can be traced back in history to the: ​

A)Magna Carta.
B)laws of Moses embodied in the Talmudic law.
C)Articles of Confederation preceding the adoption of the United States Constitution.
D)Preamble of the Stamp Act.

Question 29

In Colorado v. Connelly (1986), SCOTUS considered the case of a mentally ill man who approached an officer on the street and confessed he had murdered a young woman. The Court determined that the man's confession:

A)was not voluntary, because of his mental illness.
B)was not voluntary, because he had limited free will.
C)was voluntary, because it was not compelled.
D)is admissible, if the man's psychiatrist testifies that the man was aware he was confessing to the police.

Question 30

When a suspect asks for an attorney during custodial interrogation:

A)police can continue questioning while an attorney is summoned.
B)police can resume questioning after an attorney has been provided, even if the attorney is not present.
C)police must stop questioning until an attorney is present or the suspect initiates further conversation with them.
D)police can never question the suspect again without an attorney being present.

Question 31

In the SCOTUS case Brown v. Mississippi (1936), involving the beating and torture of three black suspects to obtain a confession, what were the findings of the Court?

A)SCOTUS declined to review a confession case from a state court.
B)SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced confessions were not admissible as evidence.
C)SCOTUS held that forced confessions were admissible as evidence.
D)SCOTUS relied upon the Fifth Amendment self-incrimination clause.

Question 32

SCOTUS intended Miranda warnings to provide a bright-line rule to prevent police coercion, while still allowing what?

A)voluntary admissibility
B)custodial clarity
C)interrogational relief
D)police pressure

Question 33

Which of the following types of detention qualifies as being in custody?

A)detaining passengers and drivers during routine traffic stops
B)requiring probationers to attend routine meetings with probation officers
C)detaining persons during the execution of search warrants
D)handcuffing suspects and placing them in the backseat of a police car

Question 34

The Fourteenth Amendment due process clause is applicable at which stage(s)of the criminal process?

A)only at arrest
B)only after formal charges have been filed
C)only after custodial interrogation begins
D)at all stages of the criminal process

Question 35

Which of the following represents a reform aimed at reducing the false confession problem?

A)reducing the length of time in custody and custodial interrogation
B)eliminating police use of false information during interrogations
C)videotaping interrogations and confessions
D)All of these are reforms aimed at reducing the false confession problem.

Question 36

What test requires that the totality of circumstances in each case show that before suspects talked, they knew they had rights and knew they were giving them up?

A)the implied waiver test
B)the express waiver test
C)the reliability waiver test
D)the free will waiver test

Question 37

In Berkemer v. McCarty , involving Miranda warnings and whether they must be given to stopped motorists, the Court held that:

A)motorists should not be questioned during a traffic stop.
B)all motorists must be Mirandized when stopped.
C)brief questioning during a traffic stop was a "custodial interrogation."
D)brief questioning during a traffic stop was not a "custodial interrogation."

Question 38

Under the accusatorial system rationale, a forced confession violates due process, even if the confession is true, because:

A)a forced confession should be conclusively assumed to be unreliable.
B)the confession violates the Eighth Amendment prohibition against cruel and unusual punishment.
C)the state has the burden of proving guilt under our system.
D)a forced confession may be unreliable.

Question 39

SCOTUS's use of the Fifth Amendment privilege against the self-incrimination approach in reviewing state confession cases began with:

A)Miranda v. Arizona.
B)Escobedo v. Illinois.
C)Brown v. Mississippi.
D)Lisenba v. California.

Question 40

SCOTUS has relied on three provisions in the U.S. Constitution to develop rules to control police interrogation and confessions: the Fourteenth Amendment due process clause, the Sixth Amendment right-to-counsel clause, and:

A)the Fifth Amendment self-incrimination clause.
B)the Eighth Amendment self-incrimination clause.
C)the Fourth Amendment self-incrimination clause.
D)the Tenth Amendment self-incrimination clause.

Question 41

In what case did SCOTUS create the public safety exception?

A)Miranda v. Arizona
B)Berghuis v. Thompkins
C)Colorado v. Connelly
D)New York v. Quarles

Question 42

The totality of circumstances in each case has to demonstrate that, before suspects talked, they knew they had their Miranda rights and were giving them up, in order to "pass" the _______________ _______________ test.

Question 43

Which approach was not an approach used by SCOTUS in analyzing interrogation and confession cases?

A)due process
B)right to counsel
C)self-incrimination
D)coercion

Question 44

To claim successfully that their Fifth Amendment right against self-incrimination was violated, defendants have to prove three elements. Which of the following is not one of these three elements?

A)compulsion
B)abuse by law enforcement officers
C)testimony
D)incrimination

Question 45

In Berkemer v. McCarty , involving Miranda warnings and whether they must be given to stopped motorists, the Court found that:

A)a misdemeanor exception to Miranda would pose too many administrative problems for courts and police.
B)all stopped motorists should be given Miranda .
C)the motorist should have been Mirandized when the police officer decided that the driver was eventually going to be arrested.
D)a misdemeanor exception to Miranda should be recognized.

Question 46

_______________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end their interrogations, and they come to believe that they actually committed the crimes.

Question 47

In what case did SCOTUS hold that criminal suspects who want to protect their right to remain silent have to speak up and unambiguously invoke it?

A)Miranda v. Arizona
B)Colorado v. Connelly
C)Berghuis v. Thompkins
D)New York v. Quarles

Question 48

Which of the following is not one of the reforms aimed at reducing the false confession problem?

A)eliminate police use of false information during interrogation
B)reduce the length of time in custody and interrogation
C)record interrogations and confessions
D)limit the Miranda warning

Question 49

The "functional equivalent of a question test" was developed in what SCOTUS decision?

A)Rhode Island v. Innis
B)Escobedo v. Illinois
C)Brewer v. Williams
D)Miranda v. Arizona

Question 50

The period of the criminal process in which police shift from a general investigation to building a case against a particular suspect is known as the _______________ stage.

Question 51

The basic idea behind the due process approach to confessions is that confessions have to be:

A)true.
B)intelligent.
C)rational.
D)voluntary.

Question 52

The right to counsel clause is found in the _______________ Amendment.

Question 53

The basic idea behind the due process approach to confessions is _______________.

Question 54

Which of the following cases concerned whether a confession was voluntary or not?

A)Colorado v. Connelly
B)New York v. Quarles
C)Berghuis v. Thompkins
D)Berkemer v. McCarty

Question 55

The notion that forced confessions violate _______________ _______________, even if they are true, is the accusatorial-system rationale.

Question 56

Which of the following is one of the types of false confessions discussed in the text?

A)involuntary false confession
B)completely false confession
C)media-induced false confession
D)internalized false confession

Question 57

Even when given Miranda warnings, most people waive their right to remain silent during _______________ interrogations.

Question 58

The _______________ rationale for due process is that admitting unreliable evidence to prove guilt denies defendants the right to their lives without due process of law.

Question 59

Specifically saying that you give up your rights is called a(n)_______________ waiver.

Question 60

Researchers divide proven false confessions into three categories: _______________, compliant, and internalized false confessions.

Question 61

Explain why, according to the research discussed, innocent people confess to crimes they didn't commit. Provide examples for each type of situation.

Question 62

State the reasons for the bright-line rule regarding the warnings to suspects adopted in Miranda v. Arizona . Identify two circumstances that have to be present before officers are required to give the Miranda warnings. List three types of questioning for which officers do not have to give the Miranda warnings.

Question 63

State the facts of the SCOTUS case New York v. Quarles , and explain its significance.

Question 64

Define the historic phrase "witness against himself." Give examples of the types of things that are included and not included within the definition.

Question 65

Discuss three suggested reforms aimed at reducing false confessions.