True/False
Indicate whether the
statement is true or false.
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1.
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Carl is arrested, but no one reads him his
Miranda rights. His arrest is illegal and he will be set free.
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2.
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Miranda rights are a requirement imposed by
Federal statutes.
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3.
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During his interrogation, Carl asks to speak with
his lawyer. The police can continue to question him.
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4.
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During his interrogation, the police lie to Carl,
telling him that his fingerprints were found at the scene. This is a permissible
tactic.
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5.
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In order to fool Carl, the police have him sign a
document that purports to be a “Release of Suspect’s Property,” when in fact it is
a consent to search form. This is a permissible tactic.
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6.
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Carl decides to give a voluntary statement to the
police. No one reads him his Miranda rights. Carl’s statement can be admitted at
trial.
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7.
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During his interrogation, police promise Carl that
if he confesses to committing the crime, the judge will only give him probation and a fine. Carl
confesses. This confession was obtained unconstitutionally.
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8.
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During his interrogation, police threaten Carl with
being locked up without food and water until he confesses. Carl confesses. The confession was
obtained unconstitutionally.
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9.
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During his interrogation, police offer to speak
with the judge and tell the judge that Carl was cooperative. Carl subsequently confesses. The
statement is unconstitutional.
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10.
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Psychological profiling of a suspect is
unconstitutional.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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All of the following are exceptions to the rule
that Miranda rights must be read to a suspect, except:
a. | Voluntary statements | b. | Exigent circumstances | c. | Defendant’s
demeanor | d. | Traffic stops |
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12.
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Which of the following may indicate that a suspect
is not telling the truth?
a. | long delays before answering a
question | b. | body language cues, such as failure to look questioner
in the eye | c. | inconsistencies in
the suspect’s story | d. | all of the
above |
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13.
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Sam is being interrogated by the police and says,
“I don’t want to answer any more questions. I want to speak to my lawyer.” Which of
the following is the correct response of the interrogating officers?
a. | “Your lawyer will be here in a few minutes. Tell
us more about what happened the night of the crime.” | b. | “What makes you think you need a lawyer? You’re not guilty, are
you?” | c. | “Okay, your
lawyer is coming. A real man wouldn’t need to hide behind a lawyer. A real man would tell the
truth.” | d. | “Okay,
we’re done.” |
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14.
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This is the hearing designed to prove that the
defendant’s statement was given freely and voluntarily.
a. | Jackson v. Denno
hearing | b. | Motion to Dismiss | c. | Motion for directed verdict | d. | Gideon v. Wainwright motion |
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15.
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At what point is a person officially ‘under
arrest?’
a. | when he believes that he is under
arrest | b. | when the officer believes that he is under
arrest | c. | when a reasonable person would believe that he is under
arrest | d. | when a judge declares that an arrest has been
made |
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16.
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When a defendant confesses to a crime, what must
the state show before the jury can hear this confession?
a. | that it was freely given | b. | that it was not coerced | c. | that no promises
were made to the suspect to get him to confess | d. | all of the
above |
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17.
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What is the sanction for violating
Miranda?
a. | the statement will be
suppressed | b. | the officer will
be fined | c. | the case will be dismissed | d. | there are no consequences to violating
Miranda |
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18.
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Police arrive at the scene of a reported shooting
and find a bleeding victim and a man standing nearby. He is not armed. Police rush up to him and
demand, “Where is the gun?” The man points at a nearby garbage can and says, “I
threw it in there.” Will the man’s statement be admissible at trial?
a. | No, because police did not read him his Miranda
rights | b. | No, because the man did not make an incriminating
statement | c. | Yes, because the man was not under suspicion at the
time | d. | Yes, because Miranda does not apply to exigent
circumstances |
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19.
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Why is the “Christian burial” case so
important?
a. | It shows that the police are not allowed to question a
suspect after his arrest | b. | It shows that the
police are not allowed to escort a suspect without the suspect’s lawyer being
present | c. | It shows that the police cannot continue to elicit
testimony from a person who has expressed the right to remain silent. | d. | It shows that where there are exigent circumstances, police can trick a
suspect into confessing |
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20.
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During an interrogation, police ask the suspect,
“what have you and your lawyer had to say to one another about this case?” Is this
question permissible?
a. | Yes, because the suspect’s lawyer is not
present | b. | Yes, because the suspect is free to answer or not, as he
sees fit | c. | No, because the any conversations between client and
lawyer are legally protected | d. | No, because there
is no showing that the police needed this information |
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