Ch 8

The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Sixth Amendment right to counsel?

did the police deliberately try to elicit a response

The right to remain silent can be traced back in history to the:

laws of Moses embodied in the Talmudic law.

What goes on during interrogation:

occurs in private and hence is not widely known.

Under the accusatorial system rationale, forced confessions violate due process, even if they are true, because:

under our system the state has the burden of proving guilt.

In Orozco v. Texas (1969), four police officers arrested and talked with the defendant at 4 a.m. in his bedroom. The Supreme Court ruled that this conversation:

was both custodial and interrogation.

In Colorado v. Connelly (1986), the Supreme Court considered the case of a mentally ill man who walked into a police station and confessed he had murdered a young woman. The Court determined that:

Connelly's confession was voluntary because it was not compelled.

According to research by sociologist Richard Leo, most police interrogations were coercive.

F

According to the Supreme Court's decision in Miranda v. Arizona, waiver of the Miranda rights may be presumed either by silence following warnings or from an eventual confession.

F

According to the U.S. Supreme Court's decision in Orozco v. Texas, police are not required to give Miranda warnings to any suspect questioned in the suspect's home.

F

Compelled extraction of blood for chemical analysis from a conscious person violates the due process clause

F

In the Miranda case decided in 1966, the Supreme Court of the United States affirmatively enumerated warnings that must be given by police officers if a suspect is in to be interrogated while in custody.

F

Ordering a suspect to speak so that a witness may try to identify the suspect's voice is covered by the Fifth Amendment self-incrimination clause.

F

The Miranda decision required police to obtain an express waiver of rights before questioning a suspect.

F

The Miranda decision required police to warn suspects whenever they arrest them.

F

The right to counsel approach to confessions has never been accepted by a majority of the U.S. Supreme Court.

F

Before formal proceedings begin, the __________ Amendment gives police more flexibility in interrogating suspects.

Fifth

According to the Supreme Court in Miranda v. Arizona, involving a man who confessed to a rape following police interrogation, which of the following is true?

I. Modern interrogation procedures are psychologically oriented. II. There were gaps in knowing what actually occurred in interrogation rooms. III. Displayed confidence in the suspect's guilt is an important tool for the interrogator. IV. Custodial interrogation takes a toll on the weaknesses of individuals.

Which of the following reforms have been suggested for police interrogation and confession procedures?

I. Reduce the length of time in custody and interrogation II. Eliminate police using false information and misrepresentations during interrogation IV. Video taping interrogations and confessions

Which of the following are examples of knowing waivers of a suspect's rights after being read his Miranda rights?

I. The suspect invoked his right to counsel, and after a five hour ride in the back of a police car, he signed a waiver when police asked if there was anything he wanted to say. II. The suspect talked to police after he refused to sign an express waiver.

The constitutional bases for the law of confessions include:

I. due process clause of the Fourteenth Amendment. II. Sixth Amendment right-to-counsel. IV. Fifth Amendment right against self incrimination.

In Schmerber v. California, a case involving the compelled extraction of blood from a drunk driving suspect, the U.S. Supreme Court:

I. found that compulsion that makes a suspect the source of physical evidence does not violate the Fifth Amendment. II. found that such compelled extractions do not violate the due process clause. III. found the 5th Amendment privilege against self-incrimination only protects someone from being compelled to give evidence of a testimonial nature. IV. found that the Fifth Amendment privilege is fulfilled when a person is guaranteed the right to be silent unless he chooses to speak of his own free will.

Which of the following are necessary parts of the Miranda warnings?

I. informed of the right to remain silent II. informed of the right to consult an attorney IV. informed that an attorney will be provided the suspect if he is indigent and cannot afford an attorney

Which of the following types of police questioning are excluded from the Miranda requirements?

I. questioning at the scene of a crime II. volunteered statements of any kind III. questioning of individuals in the fact-finding process IV. questioning that is part of an investigatory stop

Which of these rationales has the Supreme Court used in reviewing state confessions?

I. the unreliability of coerced confessions III. the accusatorial system rationale IV. the free will rationale

According to the Supreme Court opinion in New York v. Quarles, involving a confession without Miranda warnings following an armed rape of a young woman:

I. there is a public safety exception to the requirement that police give Miranda warnings. II. the availability of the public safety exception does not depend on the motivation of the individual officers involved. III. the public safety exception weakens the clarity of the Miranda rule. IV. the need for answers to questions in a situation posing a threat to public safety outweighs the need for the rule protecting the privilege against self-incrimination.

Miranda warnings are not required in questioning associated with which of the following situations?

I. traffic violations II. driver's license checks III. persons detained during execution of search warrants

In applying the definition of custodial interrogation to actual cases, which of the following circumstances are relevant to determining if a suspect is in custody?

I. whether officers had probable cause to arrest II. whether the investigation had focused on the suspect at the time III. the officers' language in summoning suspects IV. the physical surroundings of the interrogation

According to the Supreme Court in Miranda v. Arizona, when must the police stop an interrogation?

II. when the suspect requests an attorney III. when the suspect indicates, in any manner, that they wish to remain silent

In the 1936 Supreme Court case Brown v. Mississippi, involving the beating and torture of three black suspects to obtain a confession:

III. the Supreme Court relied upon the Fourteenth Amendment due process clause. IV. the Supreme Court held that forced confessions were not admissible as evidence.

The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:

Miranda v. Arizona.

The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Fifth Amendment right guarantee against compelling individuals to be witnesses against themselves?

did the police use words or actions that that they knew would be likely to elicit a response from the suspect.

In North Carolina v. Butler, the U.S. Supreme Court found that:

express waivers of Miranda rights are not required.

In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:

found that a misdemeanor exception to Miranda would pose too many administrative problems for courts and police.

The rights concerning self-incrimination announced by the Supreme Court in Miranda v. Arizona must be given to a suspect when:

he or she is first subjected to police interrogation while deprived of her freedom of action in any significant way.

Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:

of fundamental attribution error

Sociologist Richard Leo, based on his studies of confessions, concluded that:

only one in four suspects invoke their Miranda rights

The Fifth Amendment approach to confession applies:

only when the person being questioned is in custody.

When a suspect asks for an attorney during custodial interrogation:

police must stop questioning until an attorney is present or the suspect initiates further conversation with them.

According to the courts, waiver of Fifth Amendment rights:

requires knowing, intelligent, and voluntary waiver.

In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:

said a routine traffic stop was not custody for purposes of Miranda.

According to the Supreme Court in Miranda v. Arizona, involving a man who confessed to rape following police interrogation:

the Fifth Amendment protects suspects during custodial police interrogation.

In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:

the needs of law enforcement and the privacy and liberty interests of individual citizens.

Based on their research of 125 proven false confessions, Richard Leo and Steven Drizen concluded:

the problem of false confessions may be more serious than previously thought

According to former Supreme Court Justice Felix Frankfurter regarding interrogation and confessions:

Where innocent human witnesses cannot be found, nothing remains but interrogation to get information from guilty persons.

According to confessions and interrogation expert Professor Fred Inbau, police can solve many cases only if guilty persons confess.

T

According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive.

T

Criminal suspects who want to protect their right to remain silent during custodial interrogation must speak up and unambiguously invoke it.

T

During the 30 years from Brown v. Mississippi to Miranda v. Arizona, the U.S. Supreme Court relied on various interpretations of the Fourteenth Amendment due process clause to invalidate as involuntary 40 confessions in state trials.

T

The right to remain silent is an ancient right.

T

The test for determining whether someone is in custody for purposes of Miranda is whether there was an arrest or restraint on freedom of movement to the degree associated with a formal arrest.

T