Exam 6

Question 1

What equals Miranda?

Answer 1

Custody + Interrogation

Question 2

interrogation can occur when police use any words or actions, which they know, or should be reasonably aware, are likely to elicit an incriminating response

Answer 2

Functional Equivalent

Question 3

direct questioning likely to result in an incriminating response

Answer 3

Interrogation

Question 4

Groome Factors – 4 criteria used by the court to determine custody: (LIFF)

Answer 4

Location

Interview Style

Focus

Freedom to leave

Question 5

Miranda Rights

5 REASONS

Answer 5

You have the right to remain silent

Anything you say may and will be used against you in a court of law

You have the right to consult with an attorney before answer answering any questions and you can have him present during questioning

If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth without cost to you

You may stop questioning at any time

Question 6

T/F

Vast majority of police/citizen discussion do not fall under Miranda protective umbrella

Answer 6

True

Question 7

Significant deprivation of freedom, arrest, significant detention

Answer 7

Custody

Question 8

Waiver of Miranda rights

VIK

Answer 8

Voluntary

Intelligent

Knowingly

Question 9

If a person is on drugs/alcohol, would not be able to waive Miranda
What is this called?

Answer 9

Self-induced disability

Question 10

Right to silence invoked

Answer 10

ALL questioning stops
Unless suspect initiates; or
Unless attorney is present
May question them about other unrelated crimes

Question 11

Right to counsel invoked

Answer 11

ALL questioning stops
Unless suspect initiates; or
Unless attorney is present
May NOT question them about ANY crime