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Page 13
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:42 AM
DATE MODIFIED:
1/6/2017 3:32 AM
35. 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
ANSWER:
d
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:44 AM
DATE MODIFIED:
1/6/2017 3:32 AM
36. 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
ANSWER:
b
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:47 AM
DATE MODIFIED:
1/6/2017 3:32 AM
37. 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.
b.
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Page 14
c.
d.
ANSWER:
a
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:50 AM
DATE MODIFIED:
1/6/2017 3:32 AM
38. 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
ANSWER:
a
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:53 AM
DATE MODIFIED:
1/6/2017 3:32 AM
39. Which type of evidence is protected by the Fifth Amendment?
a.
weapons
b.
testimonial statements
c.
appearances in lineups
d.
fingerprints
ANSWER:
b
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:16 PM
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Page 15
DATE MODIFIED:
1/6/2017 3:32 AM
40. 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
ANSWER:
d
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:18 PM
DATE MODIFIED:
1/6/2017 3:32 AM
41. 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
ANSWER:
a
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:20 PM
DATE MODIFIED:
1/6/2017 3:32 AM
42. The basic idea behind the due process approach to confessions is that confessions have to be:
a.
true.
b.
intelligent.
c.
rational.
d.
voluntary.
ANSWER:
d
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
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Page 16
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:21 PM
DATE MODIFIED:
1/6/2017 3:32 AM
43. 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
ANSWER:
d
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:23 PM
DATE MODIFIED:
1/6/2017 3:32 AM
44. 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
ANSWER:
c
POINTS:
1
REFERENCES:
The Waiver of the Right to Remain Silent
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.04 – Know the factors considered when determining if a waiver of the
right to remain silent is valid.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:25 PM
DATE MODIFIED:
1/6/2017 3:32 AM
45. Which approach was not an approach used by SCOTUS in analyzing interrogation and confession cases?
a.
due process
b.
right to counsel
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Page 17
c.
self-incrimination
d.
coercion
ANSWER:
d
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:28 PM
DATE MODIFIED:
1/6/2017 3:32 AM
46. 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.
ANSWER:
a
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:29 PM
DATE MODIFIED:
1/6/2017 3:32 AM
47. 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
ANSWER:
d
POINTS:
1
REFERENCES:
False Confessions: Popular Belief and Empirical Evidence
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.06 – Understand the evidence-based decision-making ideal as it applies
to false confessions and custodial interrogation. Appreciate the severe losses innocent people
experience when they confess to crimes they didn’t commit.
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Page 18
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:31 PM
DATE MODIFIED:
1/6/2017 3:32 AM
48. 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
ANSWER:
a
POINTS:
1
REFERENCES:
Voluntary Self-Incrimination
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.05 – Know the factors considered when determining if a suspect
confessed or made incriminating statements voluntarily.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:33 PM
DATE MODIFIED:
1/6/2017 3:32 AM
49. 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
ANSWER:
d
POINTS:
1
REFERENCES:
False Confessions: Popular Belief and Empirical Evidence
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.06 – Understand the evidence-based decision-making ideal as it applies
to false confessions and custodial interrogation. Appreciate the severe losses innocent people
experience when they confess to crimes they didn’t commit.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:37 PM
DATE MODIFIED:
1/6/2017 3:32 AM
50. 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
ANSWER:
b
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
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Page 19
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:38 PM
DATE MODIFIED:
1/6/2017 3:32 AM
51. 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.
ANSWER:
accusatory
POINTS:
1
REFERENCES:
The Nature and Role of Confessions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.01 – Understand the role, nature, and importance of confessions and
incriminating statements.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:40 PM
DATE MODIFIED:
1/6/2017 3:32 AM
52. The basic idea behind the due process approach to confessions is _______________.
ANSWER:
voluntariness
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:42 PM
DATE MODIFIED:
1/6/2017 3:32 AM
53. The notion that forced confessions violate _______________ _______________, even if they are true, is the
accusatorial-system rationale.
ANSWER:
due process
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:43 PM
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Page 20
DATE MODIFIED:
1/6/2017 3:32 AM
54. Even when given Miranda warnings, most people waive their right to remain silent during _______________
interrogations.
ANSWER:
custodial
POINTS:
1
REFERENCES:
Voluntary Self-Incrimination
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.05 – Know the factors considered when determining if a suspect
confessed or made incriminating statements voluntarily.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:45 PM
DATE MODIFIED:
1/6/2017 3:32 AM
55. Specifically saying that you give up your rights is called a(n) _______________ waiver.
ANSWER:
express
POINTS:
1
REFERENCES:
The Waiver of the Right to Remain Silent
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.04 – Know the factors considered when determining if a waiver of the
right to remain silent is valid.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:46 PM
DATE MODIFIED:
1/6/2017 3:32 AM
56. _______________ 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.
ANSWER:
Internalized
POINTS:
1
REFERENCES:
False Confessions: Popular Belief and Empirical Evidence
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.06 – Understand the evidence-based decision-making ideal as it applies
to false confessions and custodial interrogation. Appreciate the severe losses innocent people
experience when they confess to crimes they didn’t commit.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:50 PM
DATE MODIFIED:
1/6/2017 3:32 AM
57. The right to counsel clause is found in the _______________ Amendment.
ANSWER:
Sixth
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Completion
HAS VARIABLES:
False
Copyright Cengage Learning. Powered by Cognero.
Page 21
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:51 PM
DATE MODIFIED:
1/6/2017 3:32 AM
58. Researchers divide proven false confessions into three categories: _______________, compliant, and internalized
false confessions.
ANSWER:
voluntary
POINTS:
1
REFERENCES:
False Confessions: Popular Belief and Empirical Evidence
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.06 – Understand the evidence-based decision-making ideal as it applies
to false confessions and custodial interrogation. Appreciate the severe losses innocent people
experience when they confess to crimes they didn’t commit.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:53 PM
DATE MODIFIED:
1/6/2017 3:32 AM
59. 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.
ANSWER:
reliability
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:55 PM
DATE MODIFIED:
1/6/2017 3:32 AM
60. 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.
ANSWER:
implied waiver
POINTS:
1
REFERENCES:
The Waiver of the Right to Remain Silent
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.04 – Know the factors considered when determining if a waiver of the
right to remain silent is valid.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:57 PM
DATE MODIFIED:
1/6/2017 3:32 AM
61. Discuss three suggested reforms aimed at reducing false confessions.
ANSWER:
Three major reforms have been suggested:
1. Research shows that prolonged custody and interrogation can cause suspects to confess to
crimes they did not commit in order to end the process. There are no rules that regulate the
length of time for interrogation. Reducing that time would help contribute to reducing the
false confession problem.
2. SCOTUS ruled that police may use misrepresentations to a suspect during the
interrogation. However, research suggests that this practice substantially increases false
confessions. SCOTUS should reconsider its position, based on recent empirical studies.
3. Videotaping interrogations and confessions is an idea that has been around for several
decades, but very few states have laws that require it. Videotaping would not only eliminate
some of the secrecy that surrounds interrogating suspects, it would also help judges, juries,
and attorneys better evaluate the interrogation procedure.
POINTS:
1
REFERENCES:
False Confessions: Popular Belief and Empirical Evidence
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.06 – Understand the evidence-based decision-making ideal as it applies
to false confessions and custodial interrogation. Appreciate the severe losses innocent people
experience when they confess to crimes they didn’t commit.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/4/2017 11:59 PM
DATE MODIFIED:
1/6/2017 3:32 AM
62. Explain why, according to the research discussed, innocent people confess to crimes they didn’t commit. Provide
examples for each type of situation.
ANSWER:
Researchers divide proven false confessions into three categories:
1. voluntary false confessions
Some innocent people confess without police prompting or pressure. Innocent people confess
because of: (1) a desire for notoriety; (2) a need for self-punishment to remove guilt feelings;
(3) an inability to separate reality from fantasy; and (4) a desire to help and protect the real
his interrogators told Reilly that he failed his lie detector test (a lie), and that the test
indicated that he was guilty even though he couldn’t remember killing his mother.
POINTS:
1
REFERENCES:
False Confessions: Popular Belief and Empirical Evidence
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.06 – Understand the evidence-based decision-making ideal as it applies
to false confessions and custodial interrogation. Appreciate the severe losses innocent people
experience when they confess to crimes they didn’t commit.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/5/2017 12:02 AM
DATE MODIFIED:
1/6/2017 12:41 PM
63. Define the historic phrase “witness against himself.” Give examples of the types of things that are included and not
included within the definition.
ANSWER:
The Fifth Amendment provides that, in a criminal case, a person cannot be compelled to be a
“witness against himself.” This essentially means that the government cannot force someone
to give evidence of a testimonial or a communicative nature. Testimony is the content of
things a person says or writes. However, the government can compel citizens to provide other
information. When this information is not testimonial or communicative but is, rather, of a
physical nature or a communication that the person has voluntarily put in writing, obtaining it
does not violate the Fifth Amendment. Thus, the following types of incriminating evidence
would not be protected by the Fifth Amendment: handwriting samples, weapons,
photographs, lineup appearances, voice samples, blood samples, and documents required to
be kept by law or voluntarily created.
This is one example of a correct answer, others may apply.
POINTS:
1
REFERENCES:
The Constitution and Self-Incrimination
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.02 – Know the constitutional amendments that impact criminal
confessions and the three different approaches to custodial interrogation. Know which stages
of the criminal process are relevant to each.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 12:10 AM
DATE MODIFIED:
1/6/2017 3:32 AM
64. 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.
ANSWER:
The bright-line rule of Miranda v. Arizona arose because the Court felt custodial
interrogation is “inherently coercive.” Why? Firstly, because suspects are held in strange
surroundings where they are not free to leave or to call for support from others. Secondly,
skilled police officers often use tricks, lies, and psychological pressure to overpower the will
of the suspects. Given these circumstances, the Court felt that strong measures were
Police don’t have to give Miranda warnings when they question people who are not in
custody. This includes questioning people at crime scenes, questioning people before they
become suspects, and questioning people who are in Fourth Amendment stops.
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 12:12 AM
DATE MODIFIED:
1/6/2017 3:32 AM
65. State the facts of the SCOTUS case New York v. Quarles, and explain its significance.
ANSWER:
The facts of the case are simple. A woman came up to two police officers and told them she
had been raped by a man carrying a gun, who had just gone into a supermarket nearby. One
officer ran to the store and saw a man (Benjamin Quarles) who fit the woman’s description.
This officer briefly lost sight of Quarles, then saw him again, pulled his own gun, and
ordered Quarles to stop and put his hands over his head. The officer then frisked Quarles and
discovered an empty shoulder holster. After handcuffing Quarles, the officer asked him
where the gun was. Nodding to some nearby cartons, Quarles said, “the gun’s over there.”
Among the cartons, the officer found a loaded revolver.
New York v. Quarles created what is known as the “public safety” exception to Miranda v.
Arizona. This exception declares that if giving the Miranda warning to a suspect before
questioning would endanger an officer or somebody nearby, the officer can dispense with the
warning before interrogation starts.
POINTS:
1
REFERENCES:
Miranda v. Arizona
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.08.03 – Understand the “bright line” rule established in Miranda v. Arizona
and appreciate its importance to custodial interrogation. Know the wide variety of police
behavior that can be considered custodial interrogation and the circumstances in which
unwarned statements are admissible in trial.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/5/2017 12:13 AM
DATE MODIFIED:
1/6/2017 3:32 AM