Deck 16: Interrogations and Confessions

Question 1

According to the late Professor Inbau, which of the following statements does not illustrate the importance of confessions?

A) Many criminal cases can be solved only through confessions or through information obtained from other individuals
B) Police are forced to rely on confessions because jurors place a great deal of importance on a confession in their determination of guilt.
C) Suspects often will not admit their guilt unless subjected to lengthy interrogations by the police.
D) Successful police questioning requires sophisticated interrogation techniques that may be considered trickery or manipulation in ordinary police interactions with the public.

Answer 1

B

Question 2

Confessions are important to the criminal justice process because:

A) They help police solve crimes where there is an absence of scientific evidence and witnesses.
B) Acknowledging guilt is the first step toward rehabilitation
C) Confessions facilitate both criminal convictions and exoneration of the innocent
D) All of the above

Answer 2

D

Question 3

Potential problems and challenges of confessions for the criminal justice system include:

A) Police officers may use coercive psychological or physical methods to extract confessions.
B) The danger of a false confession resulting in a true confession is virtually nonexistent.
C) Wealthy and educated persons are more likely to talk to the police, thus benefitting from lesser charges of lighter sentences agreed to during plea bargaining.
D) It speeds up the adversarial process of the criminal justice system, expediting convictions.

Answer 3

A

Question 4

Which of the following is not one of the three constitutional provisions relied on by the judiciary to ensure that convictions are obtained through fair procedures?

A) The Fourth Amendment right to privacy clause
B) The Fifth Amendment self-incrimination clause
C) The Sixth Amendment right to counsel
D) The Fourteenth Amendment due process clause

Question 5

Which of the following is true about an involuntary confession?

A) It violates an individual's liberty to make a voluntary choice of whether to confess.
B) It may ultimately lead to imprisonment.
C) It may lead to a loss of liberty.
D) All of the above

Question 6

Under common law, confessions that were __________ were declared inadmissible into evidence.

A) extracted through the threat or application of force
B) extracted through a false promise not to prosecute
C) extracted through a promise of lenient treatment
D) all of the above

Question 7

In assessing the voluntariness of confessions, the courts apply the _____________ test.

A) subjectively reasonable person
B) totality of the circumstances
C) objectively reasonable person
D) bright-line test

Question 8

Which of the following might be relied on by a court in concluding that a confession was not given voluntarily?

A) The police used the defendant's childhood friend to play on the defendant's sympathy.
B) The police gave the defendant the Miranda warning and stopped questioning when the defendant stated that he wanted to speak to a lawyer.
C) The defendant has a long history of arrest and was familiar with his Miranda rights.
D) The police engaged in conversation with the defendant as a person with information that might help them find the person responsible for the crime.

Question 9

In a criminal trial, a confession that has been deemed to have been given involuntarily can be used at trial:

A) To impeach the defendant if the defendant takes the witness stand
B) To refresh a witness's recollection of the events when the witness is on the witness stand
C) Under no circumstances
D) To support the testimony of the arresting officer

Question 10

Which case extended the self-incrimination clause of the Fifth Amendment to the states?

A) Miranda v. Arizona
B) Malloy v. Hogan
C) Arizona v. Fulimante
D) Escobedo v. Illinois

Question 11

The Fifth Amendment protection against self-incrimination encompasses all of the following, except:

A) Trial testimony
B) Participation in a lineup
C) Oral confessions
D) Personal documents

Question 12

An example of evidence that is nontestimonial in nature and, as such, does not benefit from the privilege against self-incrimination is:

A) Handwriting exemplars
B) Personal documents
C) Fingerprints
D) Both a and c
E) All of the above

Question 13

The Miranda warning is intended to protect individuals from what the Court called the "inherently coercive" pressures of police interrogation. Which of the following describes an "inherently coercive" pressure that was of concern to the Court?

A) Individuals in detention are isolated from family, friends, and lawyers in unfamiliar surroundings.
B) Police manuals instruct officers how to minimize the seriousness of the offense during interrogation.
C) Police use of "false lineups" and fictitious witnesses against persons under investigation.
D) All of the above

Question 14

In a criminal prosecution, the burden lies on ________ to demonstrate that a suspect knowingly, voluntarily, and intelligently waived his or her Miranda rights.

A) the government
B) the defendant
C) the judge
D) the jury

Question 15

At what point during a police encounter is Miranda triggered?

A) When the individual is under police control and is questioned in an isolated and unfamiliar environment.
B) When the individual is questioned as a person of interest or person with knowledge of a crime
C) During any investigative questioning in the field
D) When engaged in general questioning of an individual present at the crime scene

Question 16

What question does a court typically ask when determining if a person is under arrest?

A) Whether the police officer announced that the person was under arrest
B) Whether a reasonable person would feel free to leave
C) Whether the person felt free to leave
D) Whether the police encounter took place in pubic or in private

Question 17

Factors to be considered in determining whether an individual was subjected to a custodial arrest include all of the following, except:

A) The number of police officers at the scene of the questioning
B) Whether the individual is in familiar or unfamiliar surroundings
C) Whether the officer used physical force to restrain the individual
D) All of the above

Question 18

To meet the constitutional requirements, how must a police officer recite the Miranda warnings?

A) The officer must recite the warnings exactly as written on the card provided by his or her agency.
B) There is no specific manner so long as a reasonable person would understand the essential information being conveyed.
C) There is no specific manner so long as the warnings viewed in their totality convey the essential information to the suspect.
D) There is no specific manner so long as the suspect acknowledges that he or she understood the essential information being conveyed.

Question 19

Hillary was read her Miranda rights and was in the process of being questioned by the police at police headquarters about a bank robbery. During the questioning, Hillary decides that it may be in her best interest to get a lawyer. Which of the following statements by Hillary would require the police to stop their questioning of Hillary until she has had time to speak to a lawyer?

A) "I think that I need an attorney."
B) "Do I need an attorney?"
C) "I want an attorney."
D) "Maybe I should talk to a lawyer."
E) All of the above, except b

Question 20

What is the burden of proof placed on the prosecution in establishing that a defendant properly waived his or her Miranda rights?

A) Probable cause
B) Preponderance of the evidence
C) Clear and convincing evidence
D) Beyond a reasonable doubt

Question 21

In which case did the U.S. Supreme Court outline the three-step process for a Miranda waiver inquiry?

A) Salinas v. Texas
B) Moran v. Burbine
C) Miranda v. Arizona
D) Colorado v. Connelly

Question 22

What approach does the Court take use when assessing a Miranda waiver?

A) Strict scrutiny
B) Intermediate scrutiny
C) Totality of the circumstances
D) The reasonable person standard

Question 23

The prosecution bears the burden of proving that a Miranda waiver was given:

A) Voluntarily
B) Knowingly
C) Intelligently
D) All of the above
E) Only a and b

Question 24

Factors to be examined when assessing if a Miranda waiver was given ___________ include the age, education, and background of the defendant.

A) voluntarily
B) knowingly
C) intelligently
D) all of the above

Question 25

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

A) stated
B) express
C) implied
D) inferred

Question 26

In Oregon v. Elstad, the Court addressed whether a first confession, given voluntarily before being read his Miranda rights, tainted the second confession by the defendant made after he was placed under arrest and read his Miranda rights. How did the Court answer this question?

A) Reading the suspect his Miranda rights after his arrest cured the taint of the first confession.
B) Once placed under arrest and read his Miranda rights, the officers had a duty to advise the suspect that his first confession was inadmissible.
C) The defendant was precluded from subsequently invoking his Miranda rights once he voluntarily "let the cat out of the bag."
D) Requiring police officers to disregard the second confession would only impede the officers' ability to combat crime and would unnecessarily burden the prosecution.

Question 27

In Michigan v. Mosley, in determining if a suspect's invocation of his or her right to remain silent under Miranda was "scrupulously honored" by the police officers, the Court relied on all of the following factors, except:

A) When the suspect invoked his right to remain silent, police immediately stopped questioning him.
B) When the suspect invoked his right to remain silent, the police officers suspended further interrogation for a significant period of time.
C) The police read him his Miranda rights before questioning him a second time about a crime different in time, nature, and place.
D) All of the above
E) None of the above.

Question 28

If a suspect invokes his Miranda right to counsel, which of the following statements is true?

A) The police can continue to question the suspect prior to the suspect's conferring with counsel if the questioning pertains to a crime other than the crime the suspect was questioned about committing.
B) The police can resume questioning of the suspect prior to the suspect's conferring with counsel provided that a sufficient period of time has passed between the invocation of Miranda and resumed questioning.
C) The police can question the suspect further once the suspect has invoked his Miranda right to counsel but failed to obtain counsel within a reasonable period of time.
D) The police can resume questioning the suspect if the suspect comes forward and initiates the contact with the police.

Question 29

_________________ occurs when questions are directed to a suspect by the police.

A) Express questioning
B) Functional equivalent of express questioning
C) Incriminating questioning
D) Investigative questioning

Question 30

____________ occurs when the police say or do something (outside that which would normally occur during an arrest) that the police should know is reasonable likely to elicit an incriminating response from the suspect.

A) Express questioning
B) Functional equivalent of express questioning
C) Incriminating questioning
D) Investigative questioning

Question 31

The test for determining if the police should know that a practice is likely to elicit an incriminating statement from the suspect is:

A) The police officers have to look from their viewpoint and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself.
B) The police officers have to look from the viewpoint of the suspect and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself.
C) The police officers have to look from the viewpoint of a reasonable man and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself.
D) The police officers have to look at the totality of the circumstances and ask themselves whether the statement or practice is likely to lead the suspect to incriminate himself or herself.

Question 32

The Sixth Amendment right to counsel applies:

A) To state agents only
B) To federal officers only
C) To state and federal officers
D) To any government employee

Question 33

When examining the Sixth Amendment right to counsel, the right applies at or after the time that judicial proceedings have been initiated against the accused by:

A) The filing of an information
B) A preliminary hearing
C) First appearance
D) All of the above
E) Only a and b

Question 34

Jurors credit confessions with a great deal of importance in the determination of a defendant's guilt or innocence.

Question 35

Miranda warnings are required only for felonies.

Question 36

Miranda applies only to custodial interrogations.

Question 37

The police must clearly announce that a person is under arrest before he or she is considered in custody under Miranda.

Question 38

The Miranda warnings consist of two parts.

Question 39

The Court has held that Miranda warnings are a talismanic incantation.

Question 40

In determining of a suspect's ambiguous statement constituted the suspect invoking his or her Miranda right to counsel, the police officer is required to question the ambiguity for clarification before resuming questioning of the suspect.

Question 41

Whether the waiver of Miranda rights meets the constitutional requirements is determined by the totality of the circumstances.

Question 42

The waiver of one's Miranda rights must be voluntary, knowing, and intelligent.

Question 43

If a suspect gives a confession before being given his or her Miranda warnings, then gives a second statement after being given his or her Miranda warnings, the second statement is automatically inadmissible against the suspect.

Question 44

Invoking the right to counsel requires a clean and unambiguous statement or conduct that is consistent with the invocation of one's rights.

Question 45

A suspect can waive his Miranda right to silence after he or she invoked it by initiating a conversation with the police.

Question 46

Police use of actions or words that are reasonable likely to elicit an incriminating response is an acceptable method of obtaining information without running the risk of violating Miranda.

Question 47

Express questioning means asking for a summary rather than a detailed recantation of the events that occurred.

Question 48

There is no Sixth Amendment right to counsel during an arraignment.

Question 49

If a person is held in custody and subjected to an interrogation, the person must be advised of what three rights in clear and unequivocal terms?

Question 50

What four steps need to be satisfied for a police officer to rely on the public safety exception?

Question 51

Explain the test that the Court uses in determining if an interrogation was custodial.

Question 52

What is the three-step process established by the U.S. Supreme Court for a waiver inquiry?

Question 53

Explain the difference between an express waiver and an implied waiver.

Question 54

Explain the public safety exception to Miranda. How does the Court's definition of this exception impact an officer's ability to determine if the exception applies to a specific situation?

Question 55

Briefly discuss the Court's position in Burghuis v. Thompkins on waiving Miranda. What impact did their holding have on the prosecution's burden to establish that a defendant waived his or her Miranda rights?

Question 56

Identify which three constitutional provisions place limitations on police interrogations and, for each, state what limitations they place on interrogations.

Question 57

Identify and discuss the circumstances when the Sixth Amendment right to counsel applies.