CPOLS Statements

Question 1

The Fifth Amendment privilege applies during custodial interrogation by the police. Because of the “inherently compelling pressures” associated with interrogation, a suspect must be advised of her right to remain silent and to the presence of counsel in advance if her answers are to be admissible against her at a subsequent trial. This is called?

Answer 1

Miranda

Question 2

The ____ Amendment guarantees that “the accused shall enjoy the right . . . to have the assistance of counsel for his defense.”

Answer 2

Sixth

Question 3

Using an undercover agent (such as an inmate or a snitch wearing a wire) will completely avoid any Miranda (Fifth Amendment) problems. When a suspect or defendant does not know that he is talking to the police or a police agent, the inherent pressures of police custodial interrogation are absent and ______ does not apply

Answer 3

Miranda

Question 4

A defendant can waive his or her ____ Amendment right to counsel

Answer 4

Sixth

Question 5

It is commonly understood that a suspect’s waiver of Miranda rights must be knowing, intelligent and “voluntary,” i.e., not coerced. There is, however, the additional requirement that any statement (i.e., admission or confession) that follows the waiver also must be ______.

Answer 5

voluntary

Question 6

A “private person” is anyone who is not working as a police agent or other agent of the State. Statements that a suspect makes to private persons before, during, or after the crime do not require ______ warnings and can be important evidence at trial.

Answer 6

Miranda

Question 7

In cases involving multiple defendants, investigators should obtain ____ statements from those defendants, if possible.

Answer 7

Joint

Question 8

You should always consider probable defenses when taking statements. If defenses are not anticipated and rebutted by an officer while taking a statement, the defenses sometimes cannot be ______ at all and the case could be lost.

Answer 8

Rebutted