Question 1

Statements made when the mental state of the defendant interfered with his or her "free will" and "rational intellect" are automatically excludable.

Accepted Answer

A) True 
 B)False

Question 2

A valid waiver of the Miranda rights allows the police to ask questions of the suspect about any crime as long as the interrogation does not involve misrepresentation or deception.

Accepted Answer

A) True 
 B)False

Question 3

What did the Court established in Davis v. United States regarding the continuation of questioning in cases where a suspect has knowingly and voluntarily waived his or her Miranda rights?

Accepted Answer

A)   Questioning must stop as soon as the suspects makes any type of reference regarding an attorney
B)   Questioning can continue even if the suspect makes an unambiguous invocation of the right to counsel
C)   Once the suspect has knowingly and voluntarily waived the right to counsel, police officers can continue questioning regardless of what the suspect says
D)   Questioning must stop if the suspect expresses confusionE) B) and C)
F) None of the above

Question 4

Concern for public safety does not represent an exception to the Miranda rule.

Accepted Answer

A) True 
 B)False

Question 5

In ________, the Court held that the request for counsel at a bail hearing is different from a request for counsel when being interrogated by the police for a crime.

Accepted Answer

A)   McNeil v. Wisconsin
B)   Colorado v. Connelly
C)   New York v. Quarles
D)   Dickerson v. United StatesE) B) and D)
F) C) and D)

Question 6

The Miranda warnings need not to be given in a particular wording format as long as they reasonably convey to the suspect his or her rights.

Accepted Answer

A) True 
 B)False

Question 7

There is a requirement that the police produce a lawyer on call.

Accepted Answer

A) True 
 B)False

Question 8

In which of the following cases the Supreme Court held that confessions and admissions are involuntary and invalid under the Constitution only if coercive police activity is involved.

Accepted Answer

A)   United States v. Patane
B)   Colorado v. Connelly
C)   New York v. Quarles
D)   Dickerson v. United StatesE) B) and C)
F) A) and D) B

Question 9

As long as police behavior is legal, a waiver is considered voluntary under the Constitution and its admissibility is governed by state law.

Accepted Answer

A) True 
 B)False

Question 10

The warning of the right to remain silent does not have to be accompanied by the explanation that anything said can and will be used against the individual in court.

Accepted Answer

A) True 
 B)False

Question 11

The waiver of rights has to be complete and unconditional to be valid.

Accepted Answer

A) True 
 B)False

Question 12

A defendant's refusal to submit to a blood-alcohol test can be used as evidence of guilt later in court.

Accepted Answer

A) True 
 B)False  True

Question 13

In Berghuis v. Thompkins, the Court held that a suspect must make an unambiguous invocation of the right to remain silent; otherwise, statements made will be considered ________ and a waiver of the right.

Accepted Answer

A)   Voluntary
B)   Involuntary
C)   Inadmissible in court
D)   ReasonableE) A) and B)
F) A) and C)

Question 14

How can a defendant's refusal to answer questions by law enforcement before any arrest or placement in custody be used during trial?

Accepted Answer

A)   As evidence of guilt
B)   As evidence of the suspect's apprehension
C)   As mitigating circumstances
D)   As explanatory circumstancesE) A) and B)
F) A) and C)

Question 15

Failure to give a suspect the Miranda warnings does not require suppression of the ________ fruits of the suspect's unwarned but voluntary statements.

Accepted Answer

A)   Illegal
B)   Communicative
C)   Testimonial
D)   PhysicalE) B) and D)
F) C) and D)

Question 16

A confession made after proper Miranda warnings and waiver of rights is admissible even if the police obtained an earlier voluntary but unwarned admission from the suspect.

Accepted Answer

A) True 
 B)False  True

Question 17

In which decision did the Supreme Court further reiterate the fact a suspect must expressly invoke his or her Fifth Amendment right?

Accepted Answer

A)   Davis v United States
B)   McNeil v. Wisconsin
C)   Salinas v. Texas
D)   United States v. PlaceE) A) and C)
F) None of the above

Question 18

Which of the following cases carves out a "public safety" exception to the Miranda rule?

Accepted Answer

A)   Oregon v. Elstad
B)   Carroll v. United States
C)   New York v. Quarles
D)   Dickerson v. United StatesE) B) and C)
F) All of the above

Question 19

In Pennsylvania v. Muniz, the Court ruled that the police may validly ask ________ questions of persons suspected of driving while intoxicated and videotape their responses without giving them the Miranda warnings.

Accepted Answer

A)   Routine
B)   Non-routine
C)   Testimonial
D)   ReasonableE) A) and D)
F) None of the above

Question 20

The Miranda rule protection against self-incrimination prohibits only ________ self-incrimination and does not prohibit ________ self-incrimination.

Accepted Answer

A)   Physical/testimonial
B)   Testimonial/physical
C)   Reasonable/unreasonable
D)   Unreasonable/reasonableE) A) and C)
F) A) and B)

Exam 19: Confessions and Admissions: Cases Weakening Miranda

Statements made when the mental state of the defendant interfered with his or her "free will" and "rational intellect" are automatically excludable.

Correct AnswerverifiedShow Answer

A valid waiver of the Miranda rights allows the police to ask questions of the suspect about any crime as long as the interrogation does not involve misrepresentation or deception.

Correct AnswerverifiedShow Answer

What did the Court established in Davis v. United States regarding the continuation of questioning in cases where a suspect has knowingly and voluntarily waived his or her Miranda rights?

Correct AnswerverifiedShow Answer

Concern for public safety does not represent an exception to the Miranda rule.

Correct AnswerverifiedShow Answer

In ________, the Court held that the request for counsel at a bail hearing is different from a request for counsel when being interrogated by the police for a crime.

Correct AnswerverifiedShow Answer

The Miranda warnings need not to be given in a particular wording format as long as they reasonably convey to the suspect his or her rights.

Correct AnswerverifiedShow Answer

There is a requirement that the police produce a lawyer on call.

Correct AnswerverifiedShow Answer

In which of the following cases the Supreme Court held that confessions and admissions are involuntary and invalid under the Constitution only if coercive police activity is involved.

Correct AnswerverifiedB

As long as police behavior is legal, a waiver is considered voluntary under the Constitution and its admissibility is governed by state law.

Correct AnswerverifiedShow Answer

The warning of the right to remain silent does not have to be accompanied by the explanation that anything said can and will be used against the individual in court.

Correct AnswerverifiedShow Answer

The waiver of rights has to be complete and unconditional to be valid.

Correct AnswerverifiedShow Answer

A defendant's refusal to submit to a blood-alcohol test can be used as evidence of guilt later in court.

Correct AnswerverifiedTrue

In Berghuis v. Thompkins, the Court held that a suspect must make an unambiguous invocation of the right to remain silent; otherwise, statements made will be considered ________ and a waiver of the right.

Correct AnswerverifiedShow Answer

How can a defendant's refusal to answer questions by law enforcement before any arrest or placement in custody be used during trial?

Correct AnswerverifiedShow Answer

Failure to give a suspect the Miranda warnings does not require suppression of the ________ fruits of the suspect's unwarned but voluntary statements.

Correct AnswerverifiedShow Answer

A confession made after proper Miranda warnings and waiver of rights is admissible even if the police obtained an earlier voluntary but unwarned admission from the suspect.

Correct AnswerverifiedTrue

In which decision did the Supreme Court further reiterate the fact a suspect must expressly invoke his or her Fifth Amendment right?

Correct AnswerverifiedShow Answer

Which of the following cases carves out a "public safety" exception to the Miranda rule?

Correct AnswerverifiedShow Answer

In Pennsylvania v. Muniz, the Court ruled that the police may validly ask ________ questions of persons suspected of driving while intoxicated and videotape their responses without giving them the Miranda warnings.

Correct AnswerverifiedShow Answer

The Miranda rule protection against self-incrimination prohibits only ________ self-incrimination and does not prohibit ________ self-incrimination.

Correct AnswerverifiedShow Answer

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B

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True

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True

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The Miranda rule protection against self-incrimination prohibits only self-incrimination and does not prohibit self-incrimination.

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