CHP 8 Flashcards
In what case did SCOTUS hold that criminal suspects who want to protect their right to remain silent have to speak up and unambiguously invoke it?
Berghuis v. Thompkins
The “functional equivalent of a question test” was developed in what SCOTUS decision?
Rhode Island v. Innis
which type of evidence is protected by the Fifth Amendment
Testimonial Statements
the case of New York v. Quarles (1984) in which a officer asked a suspect about a gun created what expectation to the miranda rule regarding custodial interrogation
the public safety exception
In Colorado v. Connelly (1986), SCOTUS considered the case of a mentally ill man who approached an officer on the street and confessed he had murdered a young woman. The Court determined that the man’s confession:
was voluntary because it was not compelled
According to what test do suspects have to make clear statements that indicate they know their rights, know they’re giving them up, and know the consequences of giving them up?
the express waiver test
According to what rationale do forced confessions violate due process even if they’re true
the accusatory system rationale
What is the period in which police shift their attention from general investigation to building a case against A specific individual
the accusatory stage
which of the following represents a reform aimed at reducing the false confession problem
all of these are reforms aimed at reducing the false confession problem
which of the following types of detention qualifies as being in custody
handcuffing suspects and placing them in the backseat of a police car
what rationale state that involuntary confessions arent just unreliable and contrary to the accusatory system of justice they’re also coerced if they’re not the product of a rational intellect and a free will
the free will rationale
the right to counsel approach to confessions have never been accepted by a SCOTUS majority
false
in Berkemer v. McCarty involving miranda warnings and whether they must be given to stopped motorists the court held that
brief questioning during a traffic stop was not a custodial interrogation
when a suspect asks for an attorney during custodial interrogation
police must stop questioning until an attorney is present or the suspects initiates further conversations with them
what test requires that the totality of circumstances in each case show that before suspects talked they knew they had rights and knew they were giving them up
the implied waiver test
SCOTUS’s use of the fifth amendment privilege against self incrimination approach in reviewing state confession cases began with
Miranda v. Arizona
the fourteenth amendment due process clause is applicable at which stage of hte criminal process
at all stages of the criminal process
to claim successfully that thier fifth amendment right against self incrimination was violated defendants have to prove three elements. which of the following is not one of these elements
abuse by law enforcement officers
confessions and incriminating statements are considered involuntary only if officers engage in coercive conduct during custodial interrogation and this is coercive conduct caseud the suspect to make incriminating statements
true
in miranda v. arizona (1966) a bare 5 to 4 SCOTUS majority created a bright line rule to govern what
custodial interrogations
in the SCOTUS case brown v. miss (1936) involving the beating and torture of three black suspects to obtain a confession what were the findings of the court
SCOTUS replied upon the fourteenth amendment due process clause and held that forced confessions were not admissible as evidence
SCOTUS intended miranda warnings to provide a bright line rule to prevent police coercion while still allowing what
police pressure
which case linked the fifth and sixth amendment (self incrimination and the right to counsel
escobedo v illinois
the basic idea behind the due process approach to confession is that confessions have to be
voluntary
