Crim Ch 8

After the remains of a missing woman are found in the wooded area behind a family farm, police began questioning individuals who resided in various homes on the property. One individual was an 18-year-old man with an IQ of 69 and a visibly apparent intellectual disability. After several hours of questioning, the man asked the police if he could go home if he confessed. The police said that he would be able to, so the man told the police that he killed the woman. This confession is then dismissed by the judge as involuntary. Which court case most closely supports this decision?

Colorado v. Connelly (1986) > Colorado v. Connelly determined that courts would look at the totality of circumstances surrounding the confession, including the suspect's condition (young age, disabilities, vulnerabilities) and police conduct. In this scenario, the man is intellectually disabled and is manipulated by police into believing that he will be able to go home if he simply tells them that he did a crime.

Besides interrogation, which is a central element of the Miranda approach to confessions and interrogations?

Custody > Custody and interrogation are central elements of the Miranda approach to confessions and interrogations.

Which of the following refers to the police tactic of deliberately and purposefully creating a scenario in which a suspect is manipulated or coerced into making an incriminating statement?

Deliberate elicitation Related to the Sixth Amendment's right to counsel is the notion of deliberate elicitation, which refers to any purposefully designed circumstances that are meant to elicit a confession from a suspect.

Kim is the main suspect in a case of drug trafficking. She was arrested and released after interrogation. One of Kim's former associates is a police informant. The informant wears a recording device and speaks to Kim, and Kim makes an incriminating statement. Which of the following terms is used to describe the above-mentioned arrangement?

Deliberate elicitation > Deliberate elicitation occurs when police officers create a situation likely to induce a suspect into making an incriminating statement.

In which recent case did the Supreme Court reaffirm Miranda?

Dickerson v. United States In Dickerson v. United States (2000), the Supreme Court held that Miranda, being a constitutional decision of the Court, may not be in effect overruled by an Act of Congress. The Court declined to overrule Miranda. They held that Miranda and its progeny govern the admissibility of statements made during custodial interrogation in both state and federal courts.

Mario has been taken into custody for his involvement in the abduction and murder of a 17-year-old girl. During interrogation, Mario made certain statements that implicated him in the crime. He was informed of his Miranda rights before the interrogation began. In which of the following circumstances would these statements be excluded as part of the evidence in his conviction?

If Mario had asserted his right to counsel and his attorney was not present during the interrogation Law enforcement is allowed, after reading a suspect theMirandarights and receiving a voluntary waiver of the right to counsel, to interrogate a suspect who has been appointed counsel, provided that the suspect (1) has not previously asserted Miranda protection or (2) has previously asserted Miranda protection and subsequently waives it.Mario has asserted his right to counsel.

________ refers to the situation where the credibility of a witness is attacked in court.

Impeachment Impeachment refers to attacking the credibility of a witness in court.

Which right guaranteed by the Sixth Amendment is applicable in determining the legality of interrogations and confessions?

The right to representation by legal counsel Confessions are governed by the Sixth Amendment's right-to-counsel clause but only when formal charges have been filed.

________ refers to a situation when a person implicates him- or herself in criminal activity following police questioning and/or interrogation.

A confession A confession is a situation where a person implicates him- or herself in criminal activity following police questioning and/or interrogation.

Which is true regarding confessions obtained in violation of Miranda?

A confession may be obtained illegally, but that does not necessarily exclude subsequent evidence from being permissible in court. Generally speaking, confessions obtained in violation of Miranda will be excluded. However, evidence that is subsequently obtained from that illegal confession may still be permitted in trial.

Which is one of the four components of the self-incrimination clause?

A person cannot be compelled in any criminal case to be a witness against oneself. It has been considered by the U.S. Supreme Court a multitude of times, but the various aspects that impact the self-incrimination clause are 1) compulsion, 2) the criminal case, 3) serving as a witness, and 4) in a case against oneself.

Which scenario is most likely to be accepted as a permissible confession?

Amanda signs a document that she had written stating that she admitted to stealing jewelry from a store. The investigating officer signs the document, and then another officer who helped investigate signs the document. For a confession to be acceptable, it must be written, identify the crime committed, and be signed by the suspect, the investigating police officer, and a witness (usually another officer).

Which is true once an accused individual has asserted his or her Sixth Amendment right to counsel?

Any statements obtained from subsequent questioning would be inadmissible at trial unless the accused initiated the communication. In Michigan v. Jackson (1986), the Supreme Court held that once an accused individual has asserted his or her Sixth Amendment right to counsel, any statements obtained from subsequent questioning would be inadmissible at trial unless the accused initiated the communication.

Which of the following indicates the most thorough description of an appropriately documented confession?

It must be written; signed by accused, investigator, and witness; in plain language that the suspect can understand; specify crime(s) committed; what, how, and when the crime was committed by suspect. An appropriately documented confession must be written; signed by accused, investigator, and witness; in plain language that the suspect can understand; specify crime(s) committed; what, how, and when the crime was committed by suspect.

Which scenario would result in an excluded confession?

Jacob, who is grievously injured, confessing to a crime after being detained in custody for 48 hours without medical treatment Jacob's physical condition and the length of the detention would result in an exclusion of the confession. Factors considered in determining voluntariness include duration of questioning and pain.

In which case did the Supreme Court hold that the prosecution ʺmay not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination?ʺ

Miranda v. Arizona In Miranda v. Arizona (1966), the Court announced the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. This wording clearly established that the Fifth Amendment should serve as the basis for determining the constitutionality of a confession.

Which scenario would require a police officer to provide Miranda warnings during questioning?

Officer Scott arresting a man and questioning him for burglary and attempted murder The Court announced that Miranda applies when a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. An arrest is a clear-cut case of police custody.

Which action of the police when obtaining a confession is, by itself, sufficient to render a confession involuntary?

Police brutality Physical brutality to coerce a confession violates the 14th Amendment. Therefore, a confession that is extracted by police using this action renders that confession involuntary.

As a general rule, what should happen once an accused asserts his or her right to remain silent?

Questioning must cease As a general rule, questioning must cease once the accused asserts his or her right to remain silent.

Which is true regarding the exclusionary rule and the Fifth Amendment?

The Fifth Amendment prohibits compulsion of testimony. The Fifth Amendment essentially contains its own exclusionary rule by prohibiting compulsion of testimony.

Which is true of the Miranda protections?

The person being questioned must be in police custody. For Miranda protections to apply, the person subjected to such questioning must be in police custody.

Kira was involved in a hit-and-run case, and the confession obtained by the police was in violation of Miranda protections. Despite the confession being unconstitutional, which is true of the circumstances in which the confession is permissible?

The statement is admissible for impeachment purposes. Generally, a confession obtained in violation of Miranda or some constitutional provision will be excluded. One situation in which improperly obtained incriminating statements may be admissible is when such statements are used for purposes of impeachment.

The Sixth Amendment's guarantee of a right to counsel becomes applicable at which point?

When formal criminal proceedings begin Once a preliminary hearing, trial, or anything in between begins, the Sixth Amendment's right to counsel comes into play.

In which situation is a suspect's confession most likely to be considered as involuntary?

When the police apply psychological pressure and promise leniency It is safe to conclude that psychological pressures, promises of leniency, and deception are rarely by themselves enough to render a statement involuntary, but two or more such acts (especially if coupled with physical force) will more than likely result in an involuntary confession.

In which of the following scenarios is a suspect's confession most likely to be considered as coerced?

When the police officers use physical force to obtain the confession It has been made patently clear that physical brutality to coerce a confession violates the 14th Amendment.

Allen was a suspect in a case of homicide and was brought to the police station for questioning. Allen was read his Miranda rights and he agreed to talk to the police. After half an hour of interrogation, Allen admitted to being involved in the murder. Allen's statement is referred to as ________.

a confession A confession is a situation where a person implicates him- or herself in criminal activity following police questioning and/or interrogation.

A formal charge, preliminary hearing, indictment, information, or arraignment can be categorized as ___________.

formal criminal proceedings Formal criminal proceeding refers to either a formal charge, a preliminary hearing, indictment, information, or arraignment.

Damien is taken into custody and questioned by a police officer about his involvement in a burglary. The action of the police officer is called ________.

interrogation Miranda defined interrogation as questioning initiated by law enforcement officers.

A document that contains information about each interrogation and the individuals involved in the interrogations is referred to as a(n)__________.

interview log An interview log tracks details about individuals and interrogations made by an investigator. It is advised by most to keep these records of every interaction, with details including names, dates, locations, times of start and conclusion, and times of specific types of admissions.

The ________ exception to Miranda exists if a threat exists to third parties.

public safety The Supreme Court has approved a public safety exception to Miranda, which permits dispensing with the warnings in certain situations. The exception assumes circumstances can arise in which the need for police questioning takes on special urgency.