1. A suspect states, “I was in the car, but I didn’t know it was stolen.” How would this statement be most accurately
classed?
a.
a confession
b.
a perpetration
c.
an admission
d.
a deposition
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.1
2. What is the essential reason why the right to counsel under the Fifth Amendment is less restrictive on the role of the
police than the right to counsel under the Sixth Amendment?
a.
The right to counsel under the Fifth Amendment can be waived, but the right cannot be waived under the Sixth
Amendment.
b.
The Sixth Amendment is part of the Bill of Rights; the Fifth Amendment is not.
c.
The Sixth Amendment concerns rights after criminal charges have been formally filed.
d.
The “due process” provisions of the Fifth Amendment are less enforceable in court than the provisions of the
Sixth Amendment.
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.6
3. A suspect states that she killed her husband but that he deserved it because he was unfaithful. How would this statement
be most accurately classed?
a.
a confession
b.
an admission
c.
an affidavit
d.
a deposition
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.1
4. A police interrogator conducted an interrogation of Ben Wright without reading him his Miranda warnings. During the
interrogation, Mr. Wright voluntarily confessed to a crime and informed the interrogator of the whereabouts of the
weapon used in the crime. The weapon was discovered at the provided location, and the suspect’s prints were on the
weapon. Based on the U.S. Supreme Court interpretation of Miranda, select the true statement.
a.
The confession, but not the weapon, will be admitted into evidence.
b.
The weapon, but not the confession, will be admitted into evidence.
c.
Both the weapon and the confession will be admitted into evidence.
d.
Neither the weapon, nor the confession, will be admitted into evidence.
b
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
5. When considering the issue of waiver of Miranda rights, courts take into consideration _____.
a.
the totality of circumstances
b.
whether the waiver was voluntary (absence of police coercion)
c.
awareness of the right(s) being waived and the consequences of the waiver
d.
the totality of circumstances, whether the waiver was voluntary (absence of police coercion), and awareness of
the right(s) being waived and the consequences of the waiver
d
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.3
6. After obtaining a waiver of a suspect’s rights police start the process of interrogating a criminal suspect about a
particular crime. After a few questions are asked, the suspect clearly and unambiguously communicates her desire to talk
to an attorney. Which of the following legal limitations are placed on the police?
They cannot, from this point forward, take any steps to deliberately elicit
a.
They cannot, from this point forward, take any steps to deliberately elicit incriminating statements, under any
circumstances.
b.
They cannot, from this point forward, take any steps to deliberately elicit incriminating statements unless the
criminal suspect initiates the contact.
c.
They can ignore the request because it was not put forth in writing.
d.
They can ignore the request because it was made after an initial waiver of rights was secured.
b
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
7. Police are questioning a suspect about a crime. Miranda warnings are read to the suspect and the suspect clearly
indicates he wishes to remain silent. Which of the following legal limitations are placed on the police?
a.
They are, from this point forward, forever barred from asking questions of the suspect related to the crime in
question and other crimes.
b.
They must immediately, scrupulously respect the decision and stop with questioning, but may, after a
significant amount of time passes and after re-reading the Miranda warnings, question the suspect about other
crimes.
c.
They may ignore verbal requests to remain silent and are only constrained when the request is in writing.
d.
They must immediately contact an attorney for the criminal suspect.
b
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.3
8. A criminal suspect is arrested and subsequently confesses to a crime. The court determines that the Miranda
requirements were violated during the interrogation, but that the statements were given voluntarily. At trial, which of the
following legal limitations are placed on the prosecution?
a.
The prosecution cannot reference any statements from the confession for any reason.
b.
The prosecution cannot reference any statements to impeach the defendant’s testimony, but can reference the
confession during the prosecution’s case-in-chief.
c.
The prosecution can reference any statements from the confession to impeach the defendant’s testimony, but
cannot reference the confession during the prosecution’s case-in-chief
d.
The prosecution can reference the confession during its case-in-chief and to impeach testimony by the
defendant.
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.5
9. Police detectives begin to interrogate a criminal suspect without having read the Miranda warnings. During this initial
questioning, the suspect makes an incriminating statement. The detectives, after hearing the incriminating statement, make
the suspect aware of his Miranda rights. Questioning continues and the suspect repeats the incriminating information.
How are the courts most likely to view the statement?
a.
The incriminating statement is inadmissible.
b.
The incriminating statement is admissible, but any derivative evidence that can be gathered from the
information in the statement is inadmissible.
c.
The incriminating statement is inadmissible, but any derivative evidence that can be gathered from the
information in the statement is admissible.
d.
The incriminating statement is admissible, as is any derivative evidence that can be gathered from the
information in the statement.
d
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.3
10. Police attempt to interrogate a criminal suspect at the police station prior to any court appearance. The suspect states
unequivocally that he wants an attorney present during the questioning. Given the scenario, select the true statement.
a.
Police can legally attempt to coerce or badger the suspect into waiving his previously asserted Miranda rights
while held in uninterrupted Miranda custody since the first refusal to waive.
b.
If the suspect is released from Miranda custody and returned to his normal life for some time, generally 14
days, police are legally permitted to attempt the interrogation again.
c.
Police can ignore the request for an attorney if the suspect has not been placed under formal arrest.
d.
Police cannot attempt an interrogation of the suspect under any circumstances.
b
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.2
Bloom’s: Analyze
11. The essential ingredient which must be present for a statement to be involuntary is _____.
a.
pain
b.
police physical brutality
c.
police coerciveness in some form
d.
suspect’s physical or mental impairment
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.1
12. Which statement most completely describes the relevant factors in deciding whether the defendant’s confession was
voluntary?
a.
The defendant’s intelligence
b.
The existence of threats or false promises
c.
The location and duration of the interrogation session
d.
The defendant’s intelligence, the existence of threats or false promises, and the location and duration of the
interrogation session
d
The Due Process Voluntariness Approach
13. When governmental coercion is at issue, most courts examine the voluntariness of a Miranda waiver by inquiring
about _____.
a.
the suspect’s capacity for self-determination was critically impaired
b.
whether force was used
c.
whether psychological coercion was used
d.
whether it was produced by police threats of violence
The Due Process Voluntariness Approach
14. Officers place George Jetson under arrest, but they don’t immediately read the Miranda warnings. George
immediately breaks down and confesses to the crime without any prompting from the officers. How would the courts most
likely view George’s confession?
a.
inadmissible because when people are placed under arrest, Miranda warnings must be read
b.
inadmissible because officers are required to read Miranda warnings whenever dealing with persons during
any type of police-citizen interaction
c.
admissible because this type of statement is beyond the reach of Miranda
d.
admissible because the police did nothing to break the will of the suspect
The Due Process Voluntariness Approach
15. Which statement is true?
a.
In all situations where questioning occurs at a police station, the person questioned is considered “in custody”.
b.
In all situations where questioning occurs in the interrogation room of a police station, the person questioned is
considered “in custody”.
c.
In all situations where questioning occurs at a jail or in a prison, the person questioned is considered “in
custody”.
d.
“In custody” determinations are not made based entirely on location. Custody is determined by examining,
from a reasonable person’s point of view, the totality of facts and circumstances surrounding an encounter
between a person and law enforcement authorities.
d
The Due Process Voluntariness Approach
16. Suspects who are interrogated without being Mirandized first _____.
a.
may have the evidence ruled inadmissible, but will not be able to win a Section 1983 civil rights lawsuit
b.
may have the evidence ruled inadmissible and may be able to win a Section 1983 civil rights lawsuit
c.
will have the evidence ruled admissible, but may be able to win a Section 1983 civil rights lawsuit
d.
have no equitable or compensatory recourse available to them
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
17. Which of the following tactics, if used by police, would be least likely to render a confession involuntary by the
courts?
a.
Continued interrogation of an injured, depressed, or medicated person in extreme pain in a hospital setting.
b.
Deprivation of food or sleep to a suspect.
c.
Relay and continued questioning for an extended period of time.
d.
A police officer tells a lie about evidence to the suspect during the interrogation.
The Due Process Voluntariness Approach
18. Failure to comply with Miranda requirements _____.
a.
conclusively establishes voluntariness of a subsequent confession
b.
has no bearing on the voluntariness of a subsequent confession
c.
conclusively establishes involuntariness of a subsequent confession
d.
does not, per se, render a confession involuntary
The Due Process Voluntariness Approach
19. To have a valid waiver of a person’s Miranda rights, the waiver must _____.
a.
be voluntarily made and must be made in front of a non –law enforcement officer witness
b.
be voluntarily made and must be made with full awareness of the consequences of the waiver
c.
be acknowledged by a judge and must be made with full awareness of the consequences of the waiver
d.
only be voluntarily made.
The Due Process Voluntariness Approach
20. What conditions must be present to trigger Miranda warnings?
a.
accusation and confinement
b.
intelligently and knowingly
c.
custody and interrogation
d.
reasonable suspicion and detention
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
21. What “test” is used to determine if a person is in custody?
a.
if the officer intends to arrest the suspect
b.
if the suspect doesn’t feel free to leave
c.
if a reasonable person wouldn’t feel free to leave
d.
if the detention is more than brief questioning
The Due Process Voluntariness Approach
22. In which situation would the suspect be considered “in custody” for Miranda warning purposes?
a.
while being questioned during an investigatory stop
b.
while being transported to the police station in a patrol car subsequent to an arrest
c.
while being questioned in jail by a police undercover agent posing as an inmate
d.
while being questioned during an investigatory stop and frisk
The Due Process Voluntariness Approach
23. An officer is conducting an investigation and has become particularly suspicious of a certain person to the point of
concentrating all the investigative methods and inquiries on proving that that suspect is the perpetrator. The officer is
about to question the suspect (who does not realize she is suspected of the crime) in the suspect’s home. For any
statements to be admissible, _____.
a.
the officer must give Miranda warnings because custody exists when he starts the questioning
b.
the officer must give Miranda warnings because the suspect is the focus of the investigation
c.
the officer must give Miranda warnings if he informs the person she is a suspect
d.
the officer need not give Miranda warnings even if he informs the person she is a suspect, so long as the
officer does not create a coercive atmosphere
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
24. In which of the following circumstances must the police observe the requirements imposed by the Miranda rule?
a.
the suspect is in custody at the time of the interrogation.
b.
the interrogation takes place at the police station
c.
the suspect has already been charged with the offense for which he or she is being interrogated
d.
the suspect is in custody at the time of the interrogation and the interrogation takes place at the police station
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
25. Interrogation means _____.
a.
police questioning
b.
that a person is in custody and questioned about anything
c.
even volunteered statements to police
d.
any words or actions by police that they should know are reasonably likely to elicit an incriminating response
from the suspect
d
Interrogation and the Sixth Amendment
CPCJ.FERD.16.13.2
26. The Supreme Court has stated the “questioning initiated by law enforcement officers after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way” is known as _____.
a.
custodial interrogation
b.
superficial interrogation
c.
confessions
d.
interviews
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.2
27. Volunteered statements _____.
a.
should be interrupted for Miranda warnings
b.
need not be interrupted for Miranda warnings
c.
need to be interrupted for Miranda warnings if the Edwards rule applies
d.
need to be interrupted for Miranda warnings if the person is in custody
b
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.1
28. Age, mental capacity, and similar characteristics are only relevant in _____.
a.
establishing a setting in which actual coercion might have been exerted to overcome the will of the suspect
b.
determining whether or not the person is even competent to sign a Miranda waiver
c.
identifying who else should or should not be allowed to be present during questioning
d.
assisting police in determining what type of tactics will be useful in questioning a suspect
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.4
29. The major issues of Miranda hinge on the meaning of four terms. Which of the following is NOT one of the four?
a.
custody
b.
interrogation
c.
warning
d.
arrest
d
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.2
30. A suspect has been formally charged with a crime (either through prosecutor information or grand jury indictment).
The suspect has been assigned defense counsel. While in police custody, the suspect contacts police detectives requesting
a meeting to discuss the charges and evidence. The police:
a.
can meet the suspect for interrogation, but not deliberately elicit evidence, without notifying the suspect’s
defense attorney
b.
can meet the suspect for deliberate elicitation of evidence, but not interrogation, without notifying the
suspect’s defense attorney
c.
must contact the suspect’s attorney
d.
can meet with the suspect, without the attorney present, if the judge gives permission
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.6
31. Both confessions and admissions are incriminating statements.
a.
True
b.
False
True
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.1
32. Under limited conditions, subsequent interrogation of a suspect who exercised the Miranda right of silence after being
given warnings may be permissible.
a.
True
b.
False
True
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.3
33. A confession produced by police threatening violence but not touching the suspect is nevertheless a violation of due
process.
a.
True
b.
False
True
The Due Process Voluntariness Approach
CPCJ.FERD.16.13.1
34. Police interrogate an inexperienced, young person with a mental disorder and obtain a confession. A court may never
use this statement in any capacity.
a.
True
b.
False
False
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.6
35. Miranda warnings are required to be given anytime a person is arrested.
a.
True
b.
False
False
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.2
36. Miranda warnings are required to be given anytime a person is in custody.
a.
True
b.
False
False
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.2
37. Miranda warnings are required to be given anytime a person is about to be questioned by police for any information,
including basic questioning that occurs before a person is identified as a suspect.
a.
True
b.
False
False
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.2
38. Violations of Miranda rights produce fewer consequences compared to those that are normally triggered by other
violations of constitutional criminal procedure rights.
a.
True
b.
False
True
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.5
39. A defendant’s silence after receiving Miranda warnings can be used against a defendant at trial in the prosecution’s
case–in-chief, but not for the purpose of impeachment.
a.
True
b.
False
False
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.5
40. The Sixth Amendment’s deliberate elicitation standard is broader than the protections afforded suspects under the Fifth
Amendment because it prohibits authorities from engaging in conduct that would not be considered “interrogation” or its
functional equivalent under Miranda.
a.
True
b.
False
True
CPCJ.FERD.16.13.6
41. Some courts have ruled that a confession produced by trickery or __________ is not necessarily involuntary.
deception
CPCJ.FERD.16.13.1
42. The __________ is a(n) exception to Miranda’s usual warning requirements, where the need for answers to questions
in situations posing a threat to society outweighs the need to protect the Fifth Amendment’s privilege against self-
incrimination.
public safety exception
CPCJ.FERD.16.13.4
43. The essential ingredient which must be present for a statement to be considered involuntary is police __________.
coercion
CPCJ.FERD.16.13.1
44. In reference to admissibility of confessions, the case which shifted the area of inquiry from due process to the Fifth
Amendment privilege against self-incrimination is
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.3
45. The warnings required by Miranda must be given before police question a person who is in __________ or deprived
of his or her freedom of action in any significant way.
custody
The Fifth Amendment Self-Incrimination Approach: Applying Miranda
CPCJ.FERD.16.13.2
46. The term __________ means an interrogation of a suspect cut off from the rest of the world in a police-dominated
atmosphere. It often results in self-incriminating statements being made without full warnings of constitutional rights.
47. __________ occurs when state officials create “a situation likely to induce . . . incriminating statements without the
assistance of counsel . . . .”
48. Sometimes, suspects specifically invoke their Miranda rights in a narrow way, while acting in a manner that suggests
they impliedly waive their Miranda rights with regard to other aspects of a case. These are referred to as __________ or
__________ waivers.
49. The term “__________” is a broad term meaning simply any oral or written declaration or assertion.
50. The voluntary and intentional relinquishment or abandonment of a known right or privilege is known as a(n)
__________.
51. Define these terms: statement, admission, interrogation, and confession.
52. What is the Miranda Warning?
53. Briefly explain the right to counsel clause of the Sixth Amendment.
54. Explain the “focus of investigation test” of Escobedo v. Illinois, 1964, that preceded the Miranda decision.
55. Describe and provide a court case as an example to illustrate Miranda’s limitation regarding testimonial evidence.
56. Name two of the unexpected benefits of the Miranda decision that were not foreseen at the time.
57. Explain the difference between the right to counsel under the Fifth and Sixth Amendments. What are the distinct
limitations placed on obtaining statements from a suspect under each approach.
58. Explain how trickery and deception can be used by the police and how they might affect voluntariness.
59. Provide a definition of “custody.”
60. Do Terry-type investigative stops and ordinary traffic stops require a Miranda warning by the police? Explain why or
why not.
