True / False
1. Sometimes even silence can constitute an incriminating statement
a.
True
b.
False
True
Confessions
CEPC.GARD.16.12.1
2. The corpus delicti rule requires that confessions be corroborated by accomplices.
a.
True
b.
False
3. In determining whether a confession is voluntary, courts will look at the totality of the circumstances.
a.
True
b.
False
True
The Requirement That Confessions and Incriminating Statements Be Voluntary
CEPC.GARD.16.12.1
4. The Miranda decision was handed down by the U.S. Supreme Court in 1966.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.1
5. Juveniles charged with crimes are not entitled to Miranda warnings.
a.
True
b.
False
False
CEPC.GARD.16.12.4
6. Miranda rights can be validly waived only after the suspect has had a chance to consult with an attorney.
a.
True
b.
False
False
CEPC.GARD.16.12.4
7. Miranda warnings are not required if the suspect is not in custody.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.3
8. If a suspect is taken into custody but not questioned, they still have a constitutional right to Miranda
warnings.
a.
True
b.
False
False
The Miranda Requirements
CEPC.GARD.16.12.3
9. Miranda warnings are not required in ordinary traffic stops.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.2
10. Undercover law enforcement officers who do not plan on making an arrest do not have to give Miranda
warnings and do not have to disclose their true identity.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.4
11. Private citizens who are acting totally on their own and interrogating suspects do not have to give Miranda
warnings.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.4
12. Brutality and violence are not consistent with due process.
a.
True
b.
False
True
The Requirement That Confessions and Incriminating Statements Be Voluntary
CEPC.GARD.16.12.6
13. Under the Sixth Amendment, once a criminal proceeding has begun, defendants are entitled to an attorney at
all critical stages.
a.
True
b.
False
True
The Sixth Amendment Right to Counsel and the Massiah Limitation
CEPC.GARD.16.12.3
14. The Massiah rule is based on the Fifth Amendment.
a.
True
b.
False
False
The Sixth Amendment Right to Counsel and the Massiah Limitation
CEPC.GARD.16.12.5
15. The Miranda rule is based on the Fifth and Sixth Amendments.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.2
16. The totality of the circumstances includes interrogating factors and places of questioning.
a.
True
b.
False
True
The Requirement That Confessions and Incriminating Statements Be Voluntary
CEPC.GARD.16.12.1
17. Miranda requires that suspects be informed of the subject of the interrogation before the interrogation
begins.
a.
True
b.
False
False
The Miranda Requirements
CEPC.GARD.16.12.1
18. Once a Miranda waiver is given, it may not be withdrawn.
a.
True
b.
False
False
The Miranda Requirements
CEPC.GARD.16.12.4
19. Miranda warnings are not required if the person is not in custody.
a.
True
b.
False
True
CEPC.GARD.16.12.4
20. Miranda warnings are not required when a person who is not in custody volunteers information.
a.
True
b.
False
True
The Miranda Requirements
CEPC.GARD.16.12.4
21. 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
22. The requirement that only voluntary confessions be admitted grows out of the _____ Amendment.
a.
Fourth and Sixth
b.
Fifth and Fourteenth
c.
Sixth and Eighth
d.
Eighth and Fourteenth
b
CEPC.GARD.16.12.2
23. 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
The Requirement That Confessions and Incriminating Statements Be Voluntary
CEPC.GARD.16.12.1
24. Miranda v. _____ requirements were added to the law regarding interrogation.
a.
Illinois
b.
Pennsylvania
c.
Montana
d.
Arizona
d
The Miranda Requirements
CEPC.GARD.16.12.2
25. 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.
26. 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.
27. 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
28. Any statement or conduct from which guilt of the crime can be inferred is called a/an _____ statement.
a.
perjured
b.
confessiorial
c.
incriminating
d.
allocutional
29. 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
30. 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
31. 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
32. 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
33. 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
34. 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
35. In some states, polygraph evidence is admissible if _____.
a.
the test was administered by an independent expert
b.
it is exculpatory
c.
there is prior stipulation by both parties
d.
the test was taken voluntarily
36. A(n) _____ is a direct acknowledgement of guilt.
a.
confession
b.
no contest
c.
nolo contendre
d.
alibi
37. 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
38. To be admissible as evidence, confessions and statements must be made _____ and freely.
a.
faithfully
b.
voluntarily
c.
accusatorially
d.
prejudicially
39. There are _____ Miranda requirements.
a.
two
b.
three
c.
four
d.
five
40. 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
Case 12.1
Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a
gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the
suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped
near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith
immediately asks the suspect “where’s the gun?” The suspect hesitates and Officer Smith says “Look, there a lot
of little kids here; we don’t want one of them to find the gun and have a tragedy.” The suspect points to a
garbage can near the playground and states “it’s in the can.” Another officer retrieves the gun. The suspect is
then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an
interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The
search of the suspect produces $ 450.00 in cash and a cell phone.
The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an
evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his,
claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions
regarding the robbery and states “I am not talking about anything else that happened today.” The suspect is then
directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The
suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for
unlawful purposes.
41. In the above scenario, did Officer Smith’s pre-Miranda questioning of the suspect regarding the location of
the location of the gun violate the Fifth Amendment?
a.
Yes, in New York v. Quarles (1984), the U.S. Supreme Court established the public safety
exception to the Fifth Amendment for cases where the safety of the officer or public would be
potentially threatened.
b.
No, in New York v. Quarles (1984), the U.S. Supreme Court overturned the public safety
exception to the Fifth Amendment.
c.
Yes, the U.S. Supreme Court overturned the public safety exception to the Fifth Amendment for
cases where the safety of the officer or public would be potentially threatened in Mapp v. Ohio.
d.
No, as the U.S. Supreme Court established the public safety exception to the Fifth Amendment
for cases where the safety of the officer or public would be potentially threatened in New York
v. Quarles.
42. In the above scenario, would a Miranda warning of the suspect have been required, when questioned by
detectives, if he was not handcuffed and was seated in an interview room rather than the interrogation room and
was not told he was under arrest?
a.
Yes, as Miranda is triggered when a reasonable person would not feel that he or sheis free to leave
and terminate the interrogation.
b.
No, as Miranda is triggered when a person is physically unable to leave and terminate the
interrogation.
c.
Yes, anytime police speak with an individual, Miranda is required.
d.
No, as Miranda is only required after a suspect is arrested and formally charged with a crime.
43. Which of the following statements would not be required when the detectives were providing the suspect his
Miranda warning?
a.
that he has the right to remain silent
b.
that he has the right to reasonable bail
c.
that anything he says may be used against him in a court of law
d.
that he has the right to have his attorney present during questioning
Case 12.2
A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his
school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs
are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy’s confession. The
detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The
detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the
juvenile’s parents without success. The juvenile detectives provide the boy with his Miranda warning which he
indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining
the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains
silent in response to questions regarding who his supplier is stating “I’m not a snitch. I am not talking about
anyone else.” The detectives then advise him that another high school student overdosed and died from the
same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy’s
parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is
charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He
is released to his parents pending his court appearance.
44. Which of the following is not a factor to consider in determining whether juveniles made their statements
voluntarily and whether they voluntarily waived their rights under the Self-Incrimination Clause following a
Miranda warning?
a.
the presence or absence of parents during questioning
b.
the gender of the juvenile
c.
the age of the juvenile
d.
the experience of the juvenile
45. Suppose four detectives continue to question the juvenile even after his repeated requests to speak with his
parents. He is kept from his parents in excess of 12 hours, and denied a break from questioning. The detectives
tell him that they have enough evidence to charge him for the death of the other student and unless he confesses
he will go directly to jail and not see his parents. The continued pressure results in his confession, implicating
him in the death of an overdosed high school student. Would the juvenile’s confession be considered voluntary?
a.
Yes, as the juvenile was given his Miranda warning, which is the only criterion necessary for a
confession to be considered voluntary.
b.
No, based upon the totality of the circumstances such as duration of questioning, absence of the
juvenile’s parents, repeated denial of the juvenile’s requests to speak to his parents and coercive
tactics used by police.
c.
Yes, there was a “substantial” government interest of conducting a criminal investigation into the
death of another juvenile that outweighs the juvenile’s right against self-incrimination.
d.
No, only because the government interest of conducting a criminal investigation into the death of
another juvenile is not substantial enough to outweigh the first juvenile’s rights.
Case 12.3
Police investigated a suspicious fire case and possible arson of a local deli, which has gone unsolved for over
three months. Atlas Insurance Company is conducting its own investigation into the insurance claim due to a
change in the level of coverage four months prior to the fire. Two neighboring shop owners report to an
insurance company investigator that the deli owner, Robert, had been complaining for months about losing
money and had said that if business didn’t pick up he would burn the place down. Then, on two occasions since
the fire, he had bragged how he got himself a brand new store and a fresh start with just a well-placed cigarette
and extra insurance.
The insurance company investigator also interviews Robert concerning the business, the fire and his financials.
Suspecting that Robert was involved in the fire, the insurance investigator provides police with her investigative
findings and the statements provided to her. Police find several inconsistencies in Robert’s various accounts.
Robert is brought into police headquarters and interviewed by detectives regarding the arson of his commercial
property. He is provided his Miranda warning and then asked to recount his previous statements at the scene
regarding the fire and his whereabouts that night. Police confront Robert with inaccuracies between his
statements. Police then confront him with the statements he made to the other shop owners and other
corroborating evidence. Robert then requests an attorney and stops answering questions. Robert is charged with
arson and insurance fraud.
46. Can Robert’s incriminating statements to the other shop owners be used in court?
a.
No, as he was not provided Miranda rights prior to making the statements.
b.
No, as this would violate his Fifth Amendment rights.
c.
Yes, the Fifth Amendment protects citizens from improper government actions and not statements
made to other civilians.
d.
Yes, the Fourth Amendment protects citizens from improper government actions and not statements
made to other civilians.
47. Can police use Robert’s statements made to the insurance company investigation even though he was not
provided with his Miranda warning prior to questioning by the investigator?
a.
No, as this would violate the applicant’s Fifth Amendment rights.
b.
Yes, because the Fifth Amendment protects citizens from improper government actions but the
insurance investigator is not an agent of the government
c.
No, because the insurance investigator is soliciting incriminating statements from the accused.
d.
Yes, but only if the insurance investigator signs an affidavit attesting to his having made the
incriminating statements.
Completion
48. The corpus _____________ rule requires that confessions be corroborated.
49. The courts look at the _____________ of the circumstances to decide if a confession is voluntary.
50. Miranda v. Arizona was decided by the U.S. Supreme Court in the year _____________.
51. A suspect is entitled to Miranda warnings only if they are in _____________ and are being interrogated by
government officials.
52. _____________ does not apply to routine booking questions.
53. The _____________ exception to Miranda was established in N.Y. v. Quarles.
54. In _____________ v. U.S., the Court held that Congress cannot overturn the Miranda decision.
55. In re Jerrell, C.J., the Wisconsin Supreme Court exercised its supervisory power to require that all
interrogations of juveniles must be _____________.
56. The Massiah rule is based on the _____________ Amendment.
57. Miranda is based on the _____________ Amendment.
58. A _____________ by one suspect cannot be used against another suspect unless the second suspect has the
opportunity to cross-examine the source of the accusation against him.
59. 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.
60. Miranda warnings are not required in “ordinary _____________ stops.”
61. The public safety exception to _____________ has been used many times since it was created in 1984.
62. In a single criminal trial, the _____________ rule generally involves situations where there are multiple
defendants involved in a single criminal defense.
63. Explain the Bruton rule and give an example. What are some of the things the prosecution can do to deal
with Bruton problems?
64. 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.
65. Discuss and describe three interrogation situations where Miranda warnings are not required.
66. Under what circumstances may a confession be deemed unconstitutional? Discuss each one in detail.
67. Discuss the application of the Totality of the Circumstances test when it comes to juveniles.
68. Define and discuss the “14 day Rule”.
69. Discuss Miranda in relation to questioning during a booking procedure.
70. When does a person have a right to an attorney?