Chapter 6 Quiz

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The legal hurdles that confessions must pass in order to be considered constitutional stem from the following group of amendments:

First, Fifth, Sixth, and Fourteenth

Fourth, Fifth, Sixth, and Fourteenth

Fifth, Sixth, Tenth, and Fifteenth

Fourth, Fifth, Tenth, and Fourteenth

None

What begins when police officers place a suspect under formal arrest or take a suspect into custody?

prosecutorial stage

Wong-Sun stage

McNabb-Mallory stage

custodial interrogation stage

None

The free and voluntary rule requires suppression of confessions:

obtained by lying to the suspect that his confederate confessed and named him as the trigger man

obtained by interrogating a suspect nonstop for 36 hours without sleep

that result from a delusional mental illness that robs the suspect of the ability to make a rational choice

all of the above

None

Miranda warnings are not required:

during traffic stops

to elicit biographical information needed for booking

to question a suspect who comes to the police station on his own and is told he is free to leave at any time

at any of the above situations

None

The following case established the “fruit of the poisonous tree” doctrine:

McNabb v. United States

Miranda v. Arizona

Wong Sun v. United States

Mallory v. United States

None

Whether a confession given after an illegal arrest is admissible depends on:

length of time between the arrest and the confession

presence of intervening circumstances

the purpose and flagrancy of the police misconduct

all of the above

None

Police must observe Miranda procedural requirements only when:

they interrogate a suspect in custody

the interrogation takes place at the police station

the suspect has been charged with the offense that is the subject of the interrogation

all of the above

None

Police may interrogate a suspect who had invoked the right to remain silent:

if the suspect signs a written waiver after being given a fresh set of warnings

after a 14-day break in custody

if counsel is present when the interrogation resumes

all of the above

None

Confessions given by an accomplice implicating the accused are not admissible as evidence against the accused unless:

the corpus delicti requirement is satisfied

the accomplice passes a lie detector test

the accomplice is available for cross-examination at the trial of the accused

the accomplice was free of custody when he confessed

None

10.

In which of the following situation(s) would a suspect be considered in custody for Miranda purposes?

while being questioned during an investigatory stop

while being transported in a patrol car to the police station following his arrest

while being questioned in a jail cell by a police undercover agent posing as an inmate

None

11.

Waivers of Miranda rights are not effective unless:

warnings were administered no more than six hours before the confession

the suspect signs a written “advice of rights and waiver” form

the waiver is knowingly, intelligently, and voluntarily given

all of the above

None

12.

There are several differences between the Miranda (Fifth Amendment) and the Sixth Amendment right to counsel. These differences include:

The Miranda right to counsel is offense-specific; the Sixth Amendment right to counsel is not.

The Miranda right to counsel requires custody; the Sixth Amendment right to counsel does not.

The Miranda right to counsel may be waived, while the Sixth Amendment right to counsel may not.

The Miranda right to counsel is violated when incriminating statements are elicited by police undercover agents and informants; the Sixth Amendment right to counsel is not.

None

13.

The Sixth Amendment right to counsel:

applies only during custodial interrogations

requires police to notify the attorney of a person under indictment before questioning the person

requires police to obtain a waiver of the Sixth Amendment to counsel before questioning a person under indictment about any offense

none of the above

None

14.

A defendant under formal charges may give a valid waiver of the Sixth Amendment right to counsel:

only during contacts with the police that he or she initiates

only after consulting with an attorney

only if the waiver is in writing

none of the above

None

15.

An inadmissible confession may be used for purposes of impeachment only when:

the confession was freely and voluntarily given

the defendant takes the witness stand at his or her trial

the defendant gives testimony at the trial that is contrary to his or her pretrial confession

all of the above are present

None

16.

The fruit of the poisonous tree doctrine requires suppression of evidence derived from confessions obtained in violation of the:

the Fourth Amendment

McNabb-Mallory rule

Miranda rule

any of the above

None

17.

The warnings of constitutional rights under the Miranda v. Arizona case

do not have to be given when a person who is not in custody is asked a question by a law enforcement officer.

does not have to be administered to a person in custody when interrogation is not planned.

must be given to everyone who is arrested for a felony or a misdemeanor.

a and b only are correct

None

18.

Under Miranda v. Arizona, in a situation where the subject was free to leave at any time and was not under arrest:

police must offer the Miranda warnings so that the constitutional rights of the individual are properly respected.

police have a duty to offer the Miranda warnings since most people do not know exactly the substance of the warnings.

police have no duty to offer or explain the Miranda warnings because the duty does not arise untill both custody and interrogation exist.

a and b only are correct

None

19.

In a situation where a person in custody has invoked the protections offered by the Miranda warnings:

that person may not be subjected to any future interogation by police or other investigators.

that person may be asked to speak with officers after custody for Miranda purposes has ended for at least 14 days

the decision not to speak with officers extends until the subject has been to court for the first appearance

the decsions by the subject not to undergo interrogation lasts forever and cannot later be waived by the subject

None

20.

Consistent with the Miranda doctrine, when a subject is unaware that he or she is speaking with a police officer:

the warnings under Miranda need not be offered because the subject is not in custody for Miranda purposes.

warnings still must be offered in order to meet the test of due process under the Fourteenth Amendment

that warnings must still be offered since the officer may take the person into actual custody depending upon how the subject answers questions

b and c only are correct

None

21.

A confession must derive from improper government activity to be considered involuntary in the constitutional sense.

TRUE

FALSE

None

22.

Police may not interrogate a suspect who refuses to sign an advice of rights and waiver form.

TRUE

FALSE

None

23.

Congress modified the McNabb-Mallory rule by creating a six-hour safe harbor period. Confessions cannot be suppressed because of unnecessary delay in arraignment unless they are obtained more than six hours after an arrest on federal charges.

TRUE

FALSE

None

24.

The McNabb-Mallory rule is based on the Fifth Amendment and is applied to federal criminal cases.

TRUE

FALSE

None

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