Deck 12: Obtaining Statements and Confessions for Use As Evidence

Question 1

The Massiah rule is designed to protect the defendant's

A)Miranda right to an attorney.
B)Sixth Amendment right to an attorney.
C)Miranda right to remain silent.
D)Sixth Amendment right to confront witnesses.

Answer 1

B

Question 2

Which of the following warnings is not required by Miranda?

A)right to remain silent
B)right to an attorney
C)statements may be used against suspect
D)suspect has a right to terminate interrogation at any time

Answer 2

D

Question 3

In cases where the voluntariness of a confession is challenged, courts will look at the

A)corpus delicti.
B)res gestae.
C)totality of the circumstances.
D)type of crime.

Answer 3

C

Question 4

After a suspect is charged with a crime, his/her _____Amendment right to an attorney must be observed.

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

Question 5

The requirement that only voluntary confessions be admitted grows out of the ____________ Amendment.

A)Fourth
B)Fifth c Sixth
D)Eighth

Question 6

In criminal cases in most states, polygraph evidence

A)is not admissible.
B)is admissible.
C)is admissible if both parties agree.
D)is admissible if the test is taken voluntarily.

Question 7

Under the ____________ rule, a conviction cannot be based solely on an uncorroborated confession.

A)corpus delicti
B)habeas corpus
C)res ipsa loquitur
D)Bruton

Question 8

Any statement or conduct from which guilt of the crime can be inferred is called a/an?

A)perjury
B)confession
C)incriminating statement
D)accomplice

Question 9

The rescue doctrine used in California courts is similar to the Supreme Court's ___________ exception to Miranda.

A)conspicuous emergency
B)Homeland Security
C)public safety
D)confidentiality

Question 10

In Dickerson v.U.S.(2000), the U.S.Supreme Court held that Congress

A)cannot overrule Miranda.
B)can overrule Miranda in state courts.
C)cannot overrule Miranda unless it uses its power to regulate commerce.
D)can overrule Miranda in federal courts.

Question 11

The Bruton rule is designed to protect the defendant's

A)confrontation rights under the Sixth Amendment.
B)privilege against self-incrimination.
C)right to present a defense.
D)right to equal protection.

Question 12

To be admissible as evidence, confessions and statements must be made ________ and freely.

A)faithfully
B)voluntarily
C)accusatory
D)prejudicial

Question 13

A police officer is charged with a criminal offense.He is told by the Chief that if he takes the Fifth Amendment during the investigation, he will be fired.He gives a confession.The confession

A)is admissible if reliable.
B)is admissible because the officer waived his rights by confessing.
C)is admissible because police officers have no privilege.
D)is inadmissible.

Question 14

Miranda v._________requirements were added to the law regardin interrogation.

A)Illinois.
B)Pennsylvania.
C)Montana.
D)Arizona.

Question 15

A/n ___is any statement or conduct from which guilt of the crime can be inferred.

A)incriminating statement.
B)confession
C)excited utterance
D)dying declaration

Question 16

A ________is a direct acknowledgement of guilt.

A)confession
B)no contest
C)nolo contendre
D)alibi

Question 17

The U.S.Supreme Court has created a/n ____________ exception to Miranda.

A)totality of the circumstances
B)public safety
C)terrorist
D)conspicuous absence

Question 18

To be entitled to Miranda warnings, the suspect must be both

A)a minor and under suspicion.
B)the focus of the investigation and under surveillance.
C)convicted and questioned.
D)in custody and subject to government interrogation.

Question 19

There are _____ Miranda requirements.

A)two
B)three
C)four
D)five

Question 20

Which of the following is not required under Miranda before confessions are admissible?

A)Proper warnings must be given.
B)The suspect must understand the warnings.
C)A voluntary waiver must be obtained.
D)An attorney must be present during warnings and waiver.

Question 21

Juveniles charged with crimes are not entitled to Miranda warnings.

Question 22

Miranda rights can be validly waived only after the suspect has had a chance to consult with an attorney.

Question 23

If a suspect is taken into custody but not questioned, they still have a constitutional right to Miranda warnings.

Question 24

Once a Miranda waiver is given, it may not be withdrawn.

Question 25

Brutality and violence are not consistent with due process.

Question 26

Private citizens who are acting totally on their own and interrogating suspects do not have to give Miranda warnings.

Question 27

Sometimes even silence can constitute an incriminating statement

Question 28

The corpus delicti rule requires that confessions be corroborated by accomplices.

Question 29

Miranda requires that suspects be informed of the subject of the interrogation before the interrogation begins.

Question 30

Undercover law enforcement officers do not plan on making an arrest they not have to give Miranda warnings and do not have to disclose their true identity.

Question 31

Miranda warnings are not required if the person is not in custody.

Question 32

The Miranda rule is based on the Fifth and Sixth Amendments.

Question 33

The Massiah rule is based on the Fifth Amendment.

Question 34

The Miranda decision was handed down by the U.S.Supreme Court in 1966.

Question 35

In determining whether a confession is voluntary, courts will look at the totality of the circumstances.

Question 36

The totality of the circumstances includes interrogating factors and places of questioning.

Question 37

Miranda warnings are not required when a person who is not in custody volunteers information.

Question 38

Miranda warnings are not required if the suspect is not in custody.

Question 39

Under the Sixth Amendment, once a criminal proceeding has begun, defendants are entitled to an attorney at all critical stages.

Question 40

Miranda warnings are not required in ordinary traffic stops.

Question 41

The courts look at the ___________ of the circumstances to decide if a confession is voluntary.

Question 42

The corpus _____________ rule requires that confessions be corroborated.

Question 43

Under what circumstances may a confession be deemed unconstitutional? Discuss each.

Question 44

Miranda warnings are not required in "ordinary ________stops."

Question 45

Miranda v.Arizona was decided by the U.S.Supreme Court in the year _______.

Question 46

In a single criminal trial, the _______ rule generally involves situations where there are multiple defendants involved in a single criminal defense.

Question 47

The public safety exception to _______has been used many times since it was created in 1984.

Question 48

Explain the Bruton rule and give an example.What are some of the things the prosecution can do to deal with Bruton problems?

Question 49

The Massiah rule is based on the ____________ Amendment.

Question 50

Discuss and describe three interrogation situations where Miranda warnings are not required.

Question 51

The courts found in State v.Burrell and In re Jerrell that the presence of _______ in juvenile matters was required.

Question 52

In _____________ v.U.S., the Court held that Congress cannot overturn the Miranda decision.

Question 53

Discuss the application of the Totality of the Circumstances test when it comes to juveniles.

Question 54

A _____________ by one suspect cannot be used against another suspect unless the second suspect as the opportunity to cross-examine the course of the accusation against him.

Question 55

What is the difference between the Sixth Amendment rights of a person in custody being interrogated and a person charged with a crime? Be sure to provide examples.

Question 56

Miranda is based on the _____________ Amendment.

Question 57

__________does not apply to routine booking questions.

Question 58

The Supreme Court held in Fellers v.U.S.that once the _________ Amendment's right to counsel attached, statements made by the defendant must be excluded if the police "deliberately elicited" incriminating information from the defendant.

Question 59

The public ____________ exception to Miranda was established in N.Y.v.Quarles.

Question 60

A suspect is entitled to Miranda warnings only if they are in _____________ and are interrogated by government officials.

Question 61

Define and discuss the "14 day Rule".

Question 62

Discuss Miranda in relation to questioning during a booking procedure.

Question 63

When does a person have a right to an attorney?