Deck 5: Interviewing and Interrogation
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Deck 5: Interviewing and Interrogation
1
Once witnesses have been identified,they should be separated from one another and,as much as possible,isolated from other people who may be nearby.Why?
A) To prevent witnesses from seeing or hearing irrelevant matters that may taint their actual knowledge.
B) To prevent witnesses from leaving the area before they have been released by the police investigator.
C) To prevent "outsiders" from hearing what witnesses tell the police.
D) All are reasons for isolating witnesses.
A) To prevent witnesses from seeing or hearing irrelevant matters that may taint their actual knowledge.
B) To prevent witnesses from leaving the area before they have been released by the police investigator.
C) To prevent "outsiders" from hearing what witnesses tell the police.
D) All are reasons for isolating witnesses.
A
2
In which case did the U.S.Supreme Court emphatically state that once a suspect has invoked the right to remain silent,interrogation must terminate?
A) Michigan v. Mosley.
B) United States v. Lee
C) Manson v. Braithwaite.
D) Miranda v. Arizona.
A) Michigan v. Mosley.
B) United States v. Lee
C) Manson v. Braithwaite.
D) Miranda v. Arizona.
A
3
Which of the following factors affect a witness's perception?
A) Physical characteristics.
B) Emotional characteristics.
C) Attitude.
D) All of the preceding are correct.
A) Physical characteristics.
B) Emotional characteristics.
C) Attitude.
D) All of the preceding are correct.
D
4
Which factors influence a person's ability to give a complete account of an event or to identify people accurately?
A) The significance or insignificance of the event:
B) The length of the period of observation
C) Lack of ideal conditions
D) All of the above are factors
A) The significance or insignificance of the event:
B) The length of the period of observation
C) Lack of ideal conditions
D) All of the above are factors
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5
What are the possible responses when a suspect is asked if they wish to talk to the police?
A) remain silent
B) request an attorney
C) waive their rights against self -incrimination
D) All of the above are possible responses
A) remain silent
B) request an attorney
C) waive their rights against self -incrimination
D) All of the above are possible responses
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6
As a rule,cold,sleepy,hungry,or physically uncomfortable persons prove to be
A) highly satisfactory witnesses because of the pressure the interviewer is able to put them under.
B) somewhat satisfactory witnesses.
C) unsatisfactory witnesses.
D) impossible to interview.
A) highly satisfactory witnesses because of the pressure the interviewer is able to put them under.
B) somewhat satisfactory witnesses.
C) unsatisfactory witnesses.
D) impossible to interview.
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7
Which of the following is not one of the four commonly recognized objectives in the interrogation process?
A) To obtain valuable facts.
B) To identify the innocent.
C) To eliminate the innocent.
D) To obtain a confession.
A) To obtain valuable facts.
B) To identify the innocent.
C) To eliminate the innocent.
D) To obtain a confession.
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8
It is important for interviewers/interrogators to provide a/an____________ for the witnesses and suspects that they are questioning.
A) Intimidating environment
B) Comfort zone
C) Stressful situation
D) None of the above
A) Intimidating environment
B) Comfort zone
C) Stressful situation
D) None of the above
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9
When conducting an interrogation,the interrogator should
A) ensure that few or no objects are between them and the suspect
B) talk loudly and rudely to the suspect
C) ask leading questions to get the suspect to confess
D) All of the above should be done in an interrogation
A) ensure that few or no objects are between them and the suspect
B) talk loudly and rudely to the suspect
C) ask leading questions to get the suspect to confess
D) All of the above should be done in an interrogation
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10
Which constitutional guarantees are addressed in the Escobedo and Miranda cases?
A) Right-to-counsel and self-incrimination.
B) Right-to-confrontation and cross-examination.
C) Double jeopardy and trial by jury.
D) Fair trial and free press.
A) Right-to-counsel and self-incrimination.
B) Right-to-confrontation and cross-examination.
C) Double jeopardy and trial by jury.
D) Fair trial and free press.
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11
Which of the following are essential requirements for a person to be a credible witness?
A) Presence at the scene of the event, consciousness, attentiveness.
B) Consciousness, attentiveness, age (over 5 years), no felony convictions.
C) Attentiveness, age (over 7 years), no felony convictions, consciousness.
D) Age (over 5 years), attentiveness, presence at the scene of the event.
A) Presence at the scene of the event, consciousness, attentiveness.
B) Consciousness, attentiveness, age (over 5 years), no felony convictions.
C) Attentiveness, age (over 7 years), no felony convictions, consciousness.
D) Age (over 5 years), attentiveness, presence at the scene of the event.
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12
The primary purpose of a polygraph examination according to the textbook is to
A) determine if victims/witnesses are being truthful or untruthful about what they say.
B) elicit a confession from a suspect.
C) eliminate the innocent from consideration during a criminal investigation.
D) corroborate the suspect's alibi.
A) determine if victims/witnesses are being truthful or untruthful about what they say.
B) elicit a confession from a suspect.
C) eliminate the innocent from consideration during a criminal investigation.
D) corroborate the suspect's alibi.
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13
Which of the following is a required warning contained in the Miranda decision?
A) The right to remain silent.
B) The right to be told that anything the suspect says can and will be used against him or her in court.
C) The right to consult with an attorney prior to answering any questions and to have that attorney present during interrogation.
D) All of the preceding are correct.
A) The right to remain silent.
B) The right to be told that anything the suspect says can and will be used against him or her in court.
C) The right to consult with an attorney prior to answering any questions and to have that attorney present during interrogation.
D) All of the preceding are correct.
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14
Which of these behaviors are commonly observed when detecting deception?
A) Very animated hand gestures
B) Swearing to the truthfulness of their statements
C) Using the derogatory position
D) None of the above are commonly used
A) Very animated hand gestures
B) Swearing to the truthfulness of their statements
C) Using the derogatory position
D) None of the above are commonly used
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15
The personal qualifications of a witness that would prevent such an individual from testifying in a judicial case relate to that individual's
A) credibility.
B) trustworthiness.
C) competency.
D) intelligence.
A) credibility.
B) trustworthiness.
C) competency.
D) intelligence.
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16
The three most common findings by a polygraph examiner are
A) Lying, truthful, and unsure
B) Deceptive, truthful and unsure
C) Deception indicated, no deception indicated and inconclusive
D) Deception indicated, truth indicated and inconclusive
A) Lying, truthful, and unsure
B) Deceptive, truthful and unsure
C) Deception indicated, no deception indicated and inconclusive
D) Deception indicated, truth indicated and inconclusive
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17
Which of the following is a good characteristic of a traditional interrogation room?
A) The room should be sparsely furnished.
B) A working telephone should be included.
C) A large, physically imposing room should be used.
D) A two-way mirror should be included.
A) The room should be sparsely furnished.
B) A working telephone should be included.
C) A large, physically imposing room should be used.
D) A two-way mirror should be included.
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18
What device denotes micro variations in the audible and non-audible portions of speech?
A) Polygraph.
B) Kinesological Brain Wave Analyzer.
C) Computer Voice Stress Analysis.
D) Neuron Voice Sensor Detector.
A) Polygraph.
B) Kinesological Brain Wave Analyzer.
C) Computer Voice Stress Analysis.
D) Neuron Voice Sensor Detector.
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19
The best form of documenting an interview is
A) reliance on the investigator's memory.
B) reliance on notes taken by the investigator.
C) a handwritten and signed statement prepared by the witness.
D) electronic sound or sound and visual recordings.
A) reliance on the investigator's memory.
B) reliance on notes taken by the investigator.
C) a handwritten and signed statement prepared by the witness.
D) electronic sound or sound and visual recordings.
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20
The test for the validity and admissibility of a confession or admission is its
A) compliance with Miranda requirements.
B) voluntariness.
C) compliance with Escobedo.
D) compliance with the fruits of the poisonous tree doctrine.
A) compliance with Miranda requirements.
B) voluntariness.
C) compliance with Escobedo.
D) compliance with the fruits of the poisonous tree doctrine.
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21
Which U.S.Supreme Court case condemned using psychological coercion,engaging in trickery or deceit,holding a suspect incommunicado,or making promises that can't be kept?
A) Michigan v. Mosley.
B) United States v. Lee
C) Manson v. Braithwaite.
D) Miranda v. Arizona.
A) Michigan v. Mosley.
B) United States v. Lee
C) Manson v. Braithwaite.
D) Miranda v. Arizona.
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22
Eyewitness testimony is heavily used in criminal proceedings but research has found to be very unreliable.
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23
The best method of documenting an interview is with ____________________.
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24
Berkemer v.McCarty ruled that Miranda applies to the interrogation of an arrested person regardless of whether the offense is a felony or a misdemeanor.
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25
Eyewitness identifications take place in a social context in which the witness's own personality and characteristics,along with those of the target observed,are as critical as factors relating to the situation or environment in which the action takes place.
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26
A/an ________ is designed to match acquired information to a particular suspect to secure a confession.
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27
Polygraphs can always determine who is lying and who is not.
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28
McNabb - Mallory only apply to the federal court system.How do most states interpret their own statues on unnecessary delay?
A) Require a connection between the failure of law enforcement to produce the accused before a committing magistrate without unnecessary delay and the securing of a confession.
B) Use the fruit of the poisonous tree doctrine and throw out the evidence.
C) Do not consider unnecessary delay unless the crime is a major felony.
D) Both A and B are correct.
A) Require a connection between the failure of law enforcement to produce the accused before a committing magistrate without unnecessary delay and the securing of a confession.
B) Use the fruit of the poisonous tree doctrine and throw out the evidence.
C) Do not consider unnecessary delay unless the crime is a major felony.
D) Both A and B are correct.
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29
Interrogation/questioning must stop after a suspect requests counsel.
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30
Interrogation refers not only to express questioning,but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
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31
Which U.S.Supreme Court cases set forth the requirements for the delay-in-arraignment rule?
A) McNabb-Mallory.
B) Escobeda - Miranda.
C) Mapp - Terry.
D) Both A and C are correct.
A) McNabb-Mallory.
B) Escobeda - Miranda.
C) Mapp - Terry.
D) Both A and C are correct.
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32
The first notable incidence of Supreme Court intervention into interrogation practices came about in Brown v.Mississippi,in 1936.The decision of the Supreme Court in this case was
A) the right of a defendant to have an attorney present during interrogation.
B) that a confession received as a result of physical brutality and violence by the police was not admissible in court.
C) the right of the defendant to be brought before a committing magistrate within 72 hours.
D) the right of the defendant to remain silent.
A) the right of a defendant to have an attorney present during interrogation.
B) that a confession received as a result of physical brutality and violence by the police was not admissible in court.
C) the right of the defendant to be brought before a committing magistrate within 72 hours.
D) the right of the defendant to remain silent.
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33
________ notes microvariations in the audible and non-audible portions of speech.
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34
_________ is the witness's personal qualifications for testifying in court.
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35
The utmost importance in conducting ________ is privacy,as distractions tend to have an adverse effect.
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36
Custody occurs when a person is deprived of his or her freedom in any significant way or is not free to leave the presence of law enforcement.
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37
Duckworth v.Eagen (1989)held that it was not necessary that Miranda warnings be given in the exact form described in the Miranda decision.
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38
The United States Supreme Court ruled in Escobedo v.Illinois that because Escobedo was not advised of his Fifth Amendment rights before he was questioned,his confession was not admitted into evidence.
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39
In interviewing,establishing rapport with the person to be questioned is important but its importance wanes when interrogating a suspect.
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40
The reluctance to report incidents to the police or to assist in the prosecution of offenders may be the result of __________________________,or the belief that the criminals might retaliate against them for cooperating.
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41
Define competency and how it could impact a witness's testimony.
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42
Despite the amount of reliance placed on information supplied by eyewitnesses,how reliable are they? Why?
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43
Define and discuss the similarities and differences between interviews and interrogations.
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44
What requirements are imposed on law enforcement by Miranda v.Arizona?
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45
What criteria will affect the competency of a witness?
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46
In order for a confession to be acceptable in court,it must meet two requirements: it must be ________ and voluntarily given.
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47
What is the evidentiary test for admissibility of confessions and admissions?
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48
What factors motivate witnesses to give or withhold information?
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49
Two primary concerns are raised by ________: it may be distracting or suspicious to a witness; and witnesses' may be reluctant to give information knowing that it is being documented in this manner.
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50
Prior to 1936,the only test for the validity and admissibility of a confession or admission was its ________.
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51
What are the qualities for an effective interviewer or interrogator?
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52
How does an investigator prepare for an interview or an interrogation? Are there differences?
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53
Discuss why people confess to crimes.
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54
The McNabb - Mallory cases set forth the ________ rule that is only applicable in federal courts.
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