CHP 8

Question 1

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?

Answer 1

Berghuis v. Thompkins

Question 2

The “functional equivalent of a question test” was developed in what SCOTUS decision?

Answer 2

Rhode Island v. Innis

Question 3

which type of evidence is protected by the Fifth Amendment

Answer 3

Testimonial Statements

Question 4

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

Answer 4

the public safety exception

Question 5

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:

Answer 5

was voluntary because it was not compelled

Question 6

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?

Answer 6

the express waiver test

Question 7

According to what rationale do forced confessions violate due process even if they’re true

Answer 7

the accusatory system rationale

Question 8

What is the period in which police shift their attention from general investigation to building a case against A specific individual

Answer 8

the accusatory stage

Question 9

which of the following represents a reform aimed at reducing the false confession problem

Answer 9

all of these are reforms aimed at reducing the false confession problem

Question 10

which of the following types of detention qualifies as being in custody

Answer 10

handcuffing suspects and placing them in the backseat of a police car

Question 11

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

Answer 11

the free will rationale

Question 12

the right to counsel approach to confessions have never been accepted by a SCOTUS majority

Answer 12

false

Question 13

in Berkemer v. McCarty involving miranda warnings and whether they must be given to stopped motorists the court held that

Answer 13

brief questioning during a traffic stop was not a custodial interrogation

Question 14

when a suspect asks for an attorney during custodial interrogation

Answer 14

police must stop questioning until an attorney is present or the suspects initiates further conversations with them

Question 15

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

Answer 15

the implied waiver test

Question 16

SCOTUS’s use of the fifth amendment privilege against self incrimination approach in reviewing state confession cases began with

Answer 16

Miranda v. Arizona

Question 17

the fourteenth amendment due process clause is applicable at which stage of hte criminal process

Answer 17

at all stages of the criminal process

Question 18

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

Answer 18

abuse by law enforcement officers

Question 19

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

Answer 19

true

Question 20

in miranda v. arizona (1966) a bare 5 to 4 SCOTUS majority created a bright line rule to govern what

Answer 20

custodial interrogations

Question 21

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

Answer 21

SCOTUS replied upon the fourteenth amendment due process clause and held that forced confessions were not admissible as evidence

Question 22

SCOTUS intended miranda warnings to provide a bright line rule to prevent police coercion while still allowing what

Answer 22

police pressure

Question 23

which case linked the fifth and sixth amendment (self incrimination and the right to counsel

Answer 23

escobedo v illinois

Question 24

the basic idea behind the due process approach to confession is that confessions have to be

Answer 24

voluntary

Question 25

which of the following cases concerned whether a confession was voluntary or not

Answer 25

colorado v connelly

Question 26

ordering a suspect to speak so that a witness may try to identify the suspects voice is covered by the fifth amendment self incrimination clause

Answer 26

false

Question 27

according to SCOTUS’s decision in miranda v arizona custodial interrogation is inherently coercive

Answer 27

true

Question 28

according to SCOTUS’s decision in miranda v arizona the waiver of miranda rights may be presumed either by silence following warnings or from an eventual confession

Answer 28

false

Question 29

in miranda v arizona 1966 SCOTUS held that police officers violated ernesto miranda fifths amendment right against self incrimination during miranda custodial interrogation

Answer 29

true

Question 30

some interrogation tactics may results innocent suspects believing they committed a crime

Answer 30

true