Deck 11: Confessions and Pretrial Identification Procedures

Question 1

The right against self-incrimination applies to any proceeding where the answers might incriminate the person in future criminal proceedings.

Answer 1

True

Question 2

Even minor deviations in wording from the warning stated in Miranda will cause a subsequent statement to be excluded as evidence.

Answer 2

False

Question 3

The use of unchallenged confessions places great power in the hands of the state.

Answer 3

True

Question 4

Miranda is a straitjacket in many prosecutions because confessions are often a key to convictions.

Question 5

Generally,incriminating regulatory reports such as securities transactions cannot be compelled.

Question 6

Police must inform suspects under interrogation of the right against self-incrimination.

Question 7

A prosecutor may not draw attention to the fact that the defendant relied on the right not to incriminate himself.

Question 8

Eyewitness identification of criminals is extremely reliable.

Question 9

The right to confront one's accuser is contained in the Sixth Amendment.

Question 10

An insufficient translation of Miranda warnings for a non-English-speaking suspect is irrelevant.

Question 11

Witness immunity does not transfer from one jurisdiction to another.

Question 12

Waiver of the right to remain silent is invalid if it is achieved through a promise of leniency by police.

Question 13

Incriminating testimony can be compelled when the statute of limitations has run on the crime.

Question 14

A paid informant may be used to elicit a confession from a defendant as long as the informant is not a police officer.

Question 15

A person who makes aFalse statement to police to keep from incriminating herself is constitutionally protected from subsequent prosecution for obstruction of justice.

Question 16

In upholding the Fifth Amendment,our society must balance

A)searches and seizures
B)law and order
C)freedom of speech and freedom of religion
D)law enforcement needs and the right against self-incrimination

Question 17

The right against self-incrimination is provided in the Sixth Amendment to the Constitution.

Question 18

The right to counsel is stated in the Seventh Amendment.

Question 19

To help prevent challenges to confessions,some police departments are videotaping interrogations.

Question 20

A defendant can testify at a confession suppression hearing without giving up the right to remain silent at trial.

Question 21

Our accusatory system of justice relies on which of the following to prove guilt?

A)voluntary confessions
B)lineups
C)extrinsic evidence presented by the state
D)extrinsic evidence presented by the defense

Question 22

Evidence that is incriminating

A)is not allowed at trial
B)tends to prove criminal conduct
C)is a confession
D)is testimonial

Question 23

The right against self-incrimination is not applicable in

A)trials
B)juvenile delinquency procedures
C)psychiatric commitment hearings
D)death penalty sentencing procedures

Question 24

Why is the right against self-incrimination so important?

Question 25

The requirement of a reading of Miranda warnings may be overridden by concern for

A)policy
B)public opinion
C)public safety
D)First Amendment rights

Question 26

Defense counsel needs to be present at identification to preserve the defendant's constitutional right to

A)protection from unreasonable searches and seizures
B)confront one's accusers
C)protection from double jeopardy
D)speedy trial

Question 27

In a coercive setting,delaying Miranda warnings to elicit a confession is

A)good police strategy
B)acceptable as long as the confession is repeated after the warning
C)acceptable only if an arrest has been made
D)a violation of the right to remain silent

Question 28

Requiring the following is a violation of the Fifth Amendment:

A)appearance in a lineup containing less than seven people
B)holding a one-on-one identification when witnesses did not get a good look at the suspect
C)providing identification at an accident
D)displaying identifying scars

Question 29

The decision in Miranda has

A)greatly reduced the rate of usable confessions
B)been heavily criticized
C)been overruled by subsequent decisions
D)not been used much because of its likely unconstitutionality

Question 30

Incriminating evidence in documents can generally be compelled if

A)it is contained in federal income tax reports
B)it is contained in a letter that goes through a U.S.post office
C)it is subject to a statute that specifically requires the reporting of criminal activity
D)the right against self-incrimination is asserted before the record is kept

Question 31

A subpoena duces tecum can be used to secure

A)evidentiary documents
B)documents whose existence incriminates the person who possesses them
C)incriminating testimony from a suspect
D)incriminating testimony from a witness

Question 32

Miranda rules apply

A)when persons are interrogated in custody
B)during traffic stops
C)during trial
D)only when suspects are indigent

Question 33

A suspect may refuse to give his name to police

A)if Miranda warnings have been given
B)if Miranda warnings have not been given
C)if the name is incriminating
D)unless state law requires giving one's name

Question 34

Paralegal research on a suppression issue is best done by analyzing

A)parallel cases
B)pertinent statutes
C)the Constitution
D)the Fifth Amendment

Question 35

Improperly obtained confessions are barred from use at trial by the

A)exclusionary rule
B)extradition rule
C)immunity rule
D)impeachment rule

Question 36

Presence of counsel is required at

A)pre-Miranda questioning
B)photo identification procedures
C)lineups after indictment
D)emergency identification procedures

Question 37

A witness can be compelled to testify in all court proceedings except when

A)the witness is unwilling to testify against a friend
B)the witnesses has been granted immunity
C)the testimony will destroy the witness's reputation
D)an assertion of the Fifth Amendment has been made

Question 38

Evidence that is protected by the right against self-incrimination is

A)physical
B)circumstantial
C)direct
D)testimonial

Question 39

Interrogation is

A)any question from a police officer
B)questioning of a witness at trial
C)questioning of a defendant at a preliminary hearing
D)police action intended to elicit an incriminating response

Question 40

If an accused in custody asserts the right to silence,the government bears a heavy burden of proof to show that a later waiver of the privilege was made

A)clearly and convincingly
B)knowingly and intelligently
C)in the presence of defense counsel
D)in writing

Question 41

Define immunity,use immunity,and transactional immunity.

Question 42

Summarize the decision in Chavez v.Martinez.

Question 43

What is the procedure for challenging a confession?

Question 44

List five main points of the Miranda decision.