Confessions and Admissions

Question 1

A statement in which a person acknowledges guilt of a crime

Answer 1

Confession

Question 2

A statement in which a person admits a fact or facts which would tend to prove him/her guilty of a crime, but which does not constitute a full acknowledgement of guilt of a crime

Answer 2

Admission

Question 3

What amendment guarantees right to legal counsel?

Answer 3

Sixth

Question 4

When must the Miranda Rights be read?

Answer 4

After a person has been taken into custody but before any interrogation takes place

Question 5

The Miranda Rights explain what 3 statements?

Answer 5

1) You have the right to remain silent and anything said can and will be used against you in court
2) You have the right to consult with a lawyer and have the lawyer with you during the interrogation
3) If you are indigent and cannot afford a lawyer, one will be appointed to represent you

Question 6

With the Miranda rights, when in doubt:

Answer 6

Give the warnings

Question 7

When a suspect is questioned in his home/place of business where they feel free to leave and are not arrested, it is not considered what?

Answer 7

custodial interrogation

Question 8

Even if there is a lack of warnings, admissions made by a suspect in response to interrogation will be what?

Answer 8

Admissible in court

Question 9

What is the fundamental test regarding the use of confessions and admissions?

Answer 9

The “free and voluntary” test