Constitutional Law Chapter 11

Which of the following statements would probably constitute an invocation of Miranda rights?

"I'm done talking to you."

The USA PATRIOT Act improves counter-terrorism efforts by all of the following, except:

increasing penalties for those who support or commit organized crime.

In prisoners' rights cases the Fifth Amendment arises:

infrequently.

Describe the challenge to Miranda presented in Dickerson v. United States (2000) and the Supreme Court's ruling.

Dickerson was indicted for bank robbery using a firearm. His attorney moved to suppress a statement he made to the FBI based on their not reading the Miranda warning prior to interrogation. The government, however, relied on a portion of the Omnibus Crime Control and Safe Streets Act (§3501), which made the admissibility of such statements turn solely on whether they were made voluntarily. The Fourth Circuit acknowledged that, although Dickerson had not received Miranda warnings, his statement was admissible because it satisfied the requirements in §3501. This court concluded that Miranda was not a constitutional holding, and that, therefore, Congress could by statute have the final say on the admissibility question. The Supreme Court, however, reversed and, referring to Marbury v. Madison (1803), held: "Miranda, being a constitutional decision of this Court, may not be in effect overruled by an Act of Congress. . . ." The Court went on to assert: "Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture."

______________ is a deliberate "end run" around Miranda by purposely withholding warnings until after a confession is obtained and then giving Miranda to re-ask the question (and is unconstitutional).

Beach-heading

The U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are violations of constitutionally protected due process rights in:

Brown v. Mississippi

The first confession case decided by the Supreme Court was:

Brown v. Mississippi.

A suspect who has invoked only his right to silence cannot be re-approached to seek a waiver on a different case.

F

Lying by the police to obtain a confession is a violation of the Fifth Amendment.

F

Since their actions can ultimately result in arrest, private security officers must inform suspects of their Miranda rights prior to interrogation.

F

The Miranda warning must be given during lineups, show-ups, and photographic identifications.

F

The prohibition against double jeopardy prevents a second trial for the same offense for any reason.

F

Statements, including confessions, will not be admissible in court if obtained while violating a person's right to reasonable expectation of privacy under the:

Fourth Amendment

Describe at least eight instances in which Miranda need not be given.

Generally, the Miranda warning need not be given: * When the officer asks no questions. * During general on-the-scene questioning. * When the statement is volunteered. * When questioning a suspect about identification. * When questioning witnesses. * In stop-and-frisk cases * When asking routine questions of drunken driving suspects and videotaping the proceedings. * During lineups, showups or photographic identification. * When the statement is made to a private person. * When the suspect appears before a grand jury. * When there is a threat to public safety.

Explain the public safety exception to the Miranda warnings.

In New York v. Quarles (1984), the U.S. Supreme Court held that officers may question suspects without giving the Miranda warning if the information sought sufficiently affects the officers' and the public's safety. The need to have the suspect talk takes precedence over the requirement to read the defendant his rights.

Which of the following would not violate the right against double jeopardy?

Independent trials for an offense in both state and federal courts.

________________ is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in a significant way.

Interrogation; Custodial interrogation

The Supreme Court effectively set an expiration date on the right to counsel invocation by announcing a new "14 day break in custody" rule in:

Maryland v. Shatzer

The U.S. Supreme Court established the right to counsel during police interrogation for all criminal suspects in:

Miranda v. Arizona.

The precedent case for analyzing confession issues is:

Miranda v. Arizona.

The public safety exception was established in:

New York v. Quarles.

The _______________ Act strengthens the ability of the Justice Department and the FBI to monitor suspected terrorists and their associates.

Patriot

____________ due process is constitutionally guaranteed rights of fairness in how the law is carried out or applied.

Procedural

Police actions that would "shock the conscience" were found to violate due process in:

Rochin v. California.

In which scenario would Miranda warnings be required?

Suspect in custody for an unrelated offense.

A "soft" Miranda warning recited less harshly and directly than is imprinted on most Miranda cards is permissible if all four warnings are adequately conveyed to the suspect.

T

A waiver of Miranda is valid even if the suspect thought the questioning was going to be about a minor crime and the questioning switched to a more serious crime.

T

The Fifth Amendment requires just compensation when the government takes property.

T

The precedent case for analyzing confessions issues is Miranda v. Arizona.

T

When a person on the witness stand "pleads the Fifth," they are asserting their right against self-incrimination.

T

Explain Miranda requirements as they relate to private security.

The Constitution exists to regulate the government's authority. The regulations set forth by the Constitution apply to government agents, not to private individuals. This stipulation means private security personnel are not bound by constitutional restraints. Thus, private security officers may conduct a legal interrogation without providing Miranda warnings, and information they obtain from the suspect during such legal interrogation will be admissible at trial.

Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's counter-terrorism efforts.

The United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, signed into law on October 26, 2001, enables government to access information more readily. Its elements include: 1- allowing investigators to use the tools already available to investigate organized crime and drug trafficking; 2- facilitating information sharing and cooperation among government agencies so they can better "connect the dots;" 3- updating the law to reflect new technologies and new threats; and 4- increasing the penalties for those who commit or support terrorist crimes.

The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and those that are otherwise coerced for all of the following reasons, except:

d. the concern for public safety is not a Fifth Amendment issue.

The only unincorporated right guaranteed by the Fifth Amendment is the right to:

a grand jury indictment.

You are the on-duty desk sergeant. A man walks in and says "I killed someone and want to confess." You grab your digital voice recorder and direct the man to a chair at your desk. He sits down and tells the tale of what turns out to be a first-degree murder. You record every word, including the numerous instances in which you said "Uh-huh" and "I see." Satisfied that the subject did, indeed, commit a murder, you place him under arrest. The confession is:

admissible as a voluntary statement when the subject was neither in custody nor interrogated for purposes of Miranda.

Which of the following is not a part of the Miranda warning?

c. You may stop answering questions at any time you choose.

False confession cases in which the suspect acquiesces to escape from a stressful situation, to avoid punishment, or gain a promised or implied reward are called ______________ confessions.

compliant

No Miranda warning is required if there is no seizure of the person as long as the police do not:

convey the message that compliance is required.

Which of the following is not true about grand juries?

d. Different jury for each case.

In re Gault assured juveniles:

due process in the legal system.

The conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer is:

entrapment

Statements are not admissible in court if obtained while violating a person's Fourth Amendment right to a reasonable ___________.

expectation of privacy

When considering the characteristics of the accused, all of the following would apply, except:

if the accused is remorseful.

Miranda warnings must be given to a suspect interrogated in police custody, defined as when the suspect is:

not free to leave.

The Fifth Amendment privilege against self-incrimination comes into play:

only at trial.

The Miranda warning must be given:

only to those suspects interrogated in the custody of police.

The voluntariness of a confession is determined by the ________________ and the characteristics of the accused.

police conduct involved

The due process voluntariness test is "whether the totality of the circumstances that preceded the confession deprived the defendant of his...":

power of resistance

The ______________ exception allows police to questions suspects without first giving Miranda warnings if information sought sufficiently affects the officers' and the public's safety.

public safety

At issue in Dickerson v. United States was Section 3501 of the Omnibus Crime Control and Safe Streets Act of 1968 which stated that the admissibility of statements should turn only on whether they were voluntarily made, and not only on whether:

the statement was made without an attorney present.

The requirement that laws themselves be fair and not just how laws are enforced refers to ___________ due process.

substantive

Which of the following is not guaranteed or prohibited by the Fifth Amendment?

trial by jury

It is not unconstitutional to obtain a confession by:

trickery and deceit

In order for a confession to be admissible it must be:

voluntary.

A purposeful, voluntary giving up of a known right is a ____________.

waiver