Kanovitz: Manual site for Constitutional Law, 13th Edition
Chapter 06: Interrogations and Confessions
Multiple Choice
1. The legal hurdles that confessions must pass in order to be considered constitutional
stem from the following group of amendments:
a. First, Fifth, Sixth, and Fourteenth
b. Fourth, Fifth, Sixth, and Fourteenth
c. Fifth, Sixth, Tenth, and Fifteenth
d. Fourth, Fifth, Tenth, and Fourteenth
2. ___________ begins when police officers place a suspect under formal arrest or take
a suspect into custody:
a. prosecutorial stage
b. Terry stage
c. McNabb-Mallory stage
d. custodial interrogation stage
3. The following case established the “fruit of the poisonous tree” doctrine:
a. McNabb v. United States
b. Miranda v. Arizona
c. Wong Sun v. United States
d. Mallory v. United States
4. The following rule protects defendants against an undue delay in arraignment:
a. McNabb-Mallory rule
b. Wong Sun rule
c. Corley rule
d. none of the above
5. Miranda v. Arizona is based on the following:
a. Fifth Amendment privilege against self-incrimination
b. Sixth Amendment right to counsel
c. Fourteenth Amendment right to due process
d. all of the above
6. _________ are always exempt from having to provide Miranda warnings:
a. prison psychiatrists
b. security officers
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c. both a & c
d. none of the above
7. Suspects are required to be advised of all of the following in a Miranda warning
except for:
a. the right to an attorney
b. anything said can be used in a court of law
c. the right to remain silent
d. the right to trial by jury
8. After a suspect invokes the right to counsel, questioning may resume only if:
a. counsel is present
b. police visit the suspect at his or her home
c. suspect reopens the dialogue
d. both a & c
9. Sixth Amendment right to counsel attaches at this point:
a. when adversarial judicial proceedings are commenced
b. when a suspect is read his or her Miranda warnings
c. during a Terry stop
d. at the issuance of an arrest warrant
10. The following describes the protection standard afforded under the Sixth
Amendment:
a. corpus delecti
b. habeas corpus
c. deliberate elicitation
d. McNabb-Mallory
11. An inadmissible confession may be used to impeach the witness if:
a. defendant takes the stand and testifies on his or her own behalf
b. confession was freely and voluntarily given
c. the story the defendant tells the jurors differs from what he or she told police
d. all of the above
12. _________ is the independent proof required in addition to a confession that a crime
has been committed:
a. corpus delecti
b. habeas corpus
c. McNabb-Mallory
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d. none of the above
13. The constitutional requirements for an admissible confession vary with the stage in
the development of a criminal case at which the confession is obtained. The free and
voluntary requirement applies during:
a. investigatory stops.
b. custodial interrogations.
c. interrogations conducted after a defendant has been formally charged.
d. all of the above.
14. Miranda procedural requirements apply during:
a. traffic stops.
b. custodial interrogations.
c. interrogations conducted after a defendant has been formally charged.
d. all of the above.
15. The free and voluntary requirement derives from the:
a. Fifth Amendment privilege against self-incrimination.
b. Fourth Amendment privilege against self-incrimination.
c. Eighth Amendment.
d. Fourteenth Amendment.
16. Which of the following factors is relevant in deciding whether the defendant’s
confession was voluntary?
a. The defendant’s intelligence.
b. The defendant’s prior experience with the criminal justice system.
c. The existence of threats and false promises.
d. All of the above.
17. The free and voluntary rule requires suppression of confessions:
a. obtained by lying to the suspect about the strength of the evidence linking him to
the crime.
b. induced through a promise that the suspect will receive a lighter sentence if he or
she confesses.
c. that result from a delusional mental illness that robs the suspect of the ability to
make a rational choice.
d. all of the above.
True/ False
18. A confession does not have to derive from improper government activity to be
considered involuntary in the constitutional sense.
a. True
b. False
19. Force and brutality render confessions involuntary as a matter of law.
a. True
b. False
20. State courts are not required to follow the McNabb-Mallory rule.
a. True
b. False
21. Miranda safeguards do not only apply when police interrogate a suspect who is then
in custody.
a. True
b. False
22. Miranda safeguards are not required when a suspect is not aware that he is speaking
to a police officer.
a. True
b. False