Is voluntary, knowing, and intelligent waiver a relinquishment of Miranda rights must be the product of a free and deliberate choice and with full awareness of the nature of the right being abandoned and the consequences of the decision to abandon it?
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Correct Answer:
True
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_____ is known as the use of coercion and violence by the police to extract confessions.
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Correct Answer:
Third degree
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_____ is defined as evidence that is communicative in character.
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Correct Answer:
Testimonial evidence
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_____ is an oral or written declaration to the police that may constitute an assertion of innocence.
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Correct Answer:
Statements
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Is star Chamber a special court that was established by the English king in the fifteenth century and that was charged with prosecuting and punishing political and religious dissidents?
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Correct Answer:
True
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_____ is known as police may question an individual who has invoked his or her right to silence about a crime different in time, nature, and place after waiting a significant period of time and giving a fresh set of Miranda warnings.
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Correct Answer:
Scrupulously honor
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_____ is defined as police may question an individual without reading Miranda, obtain a confession, and then read the Miranda rights and reinterrogate the suspect. The confession is admissible so long as the Miranda warnings function effectively to advise suspects of their rights.
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Correct Answer:
Question first and warn later
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_____ is police may ask questions reasonably prompted by a reasonable concern with public safety without first advising a suspect of his or her Miranda rights.
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Correct Answer:
Public safety exception
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Is police methods test due process test intended to regulate police interrogation techniques?
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Correct Answer:
True
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_____ is known as evidence that is noncommunicative in character.
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Correct Answer:
Nontestimonial evidence
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_____ is defined as the police are required to inform individuals of the right to remain silent, that anything they say may be used against them, and of the right to an attorney, retained or appointed.
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Correct Answer:
Miranda warnings
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_____ is confessions that result from coercion, drugs, or a mental disability rather than free will.
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Correct Answer:
Involuntary confessions
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Is interrogation words or actions on the part of the police that are likely to lead a suspect to incriminate himself or herself?
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Correct Answer:
True
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_____ is known as the test for waiving a prior invocation of counsel under Miranda.
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Correct Answer:
Initiation
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_____ is defined as law enforcement questioning of individuals in the isolation of a police station.
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Correct Answer:
Incommunicado interrogation
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_____ is the waiver of a right as indicated by an individual’s words and actions and the totality of the circumstances.
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Correct Answer:
Implied waiver
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Is fundamental fairness fourteenth Amendment Due Process Clause prohibits states from criminal procedures that are fundamentally unfair. States are otherwise free to structure their criminal justice systems?
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Correct Answer:
True
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_____ is known as words or actions on the part of the police that the police should know are reasonably likely to lead a defendant to incriminate himself or herself.
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Correct Answer:
Functional equivalent of express questioning
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_____ is defined as confessions may not be obtained through psychological or physical coercion that overcomes the will of the individual to resist.
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Correct Answer:
Fourteenth Amendment due process voluntariness test
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_____ is an innocent individual confesses to a crime that he or she did not commit.
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Correct Answer:
False confessions
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Is express waiver an affirmative relinquishment of a right?
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Correct Answer:
True
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_____ is known as a direct question.
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Correct Answer:
Express questioning
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_____ is defined as questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way.
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Correct Answer:
Custodial interrogation
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_____ is an individual admits the commission of a crime in response to police questioning.
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Correct Answer:
Confessions
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Is break in the custody rule individual who invokes right to counsel may be interrogated after fourteen days?
Answer
Correct Answer:
True
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_____ is known as an individual admits a fact that tends to establish guilt, such as his or her presence at the shooting scene. An admission, when combined with other facts, may lead to a criminal conviction.
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Correct Answer:
Admissions
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The burden of proof that a suspect waived his or her Miranda rights rests on ______.
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Correct Answer:
The prosecution
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All of the following are aspects of the Miranda warning EXCEPT ______.
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Correct Answer:
Right to appeals
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At which point must a suspect be read his or her Miranda warnings?
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Correct Answer:
Before custodial interrogation
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The McNabb–Mallory rule addresses which of the following?
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Correct Answer:
Police interrogation
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Which test for confessions is used to ensure their voluntariness?
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Correct Answer:
The due process test
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In order to waive his or her right to counsel, a suspect must do so voluntarily, knowingly, and intelligently.
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Correct Answer:
True
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Questions directed at a suspect about a specific offense are known as “express” questions.
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Correct Answer:
True
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Police can only interrogate a suspect who has invoked his or her Miranda rights once an attorney is present.
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Correct Answer:
False
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A waiver of Miranda rights will not be recognized if it was obtained after a lengthy incarceration.
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Correct Answer:
True
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If a suspect voluntarily walks into a police station and confesses to an offense without being read his Miranda rights, his confession is inadmissible in court.
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Correct Answer:
False
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Once a suspect invokes either the right to silence or the right to an attorney, he or she is not subject to interrogation.
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Correct Answer:
True
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Most state courts view the failure to present a detainee for arraignment to be the primary factor to be considered in evaluating whether a confession was coerced.
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Correct Answer:
False
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U.S. policy in regard to coerced confessions stems from English common law policy.
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Correct Answer:
True
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Suspects subjected to lengthy interrogations are more likely than those who have not to provide a confession, even a false one.
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Correct Answer:
True
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According to Inbau, police often must employ interrogation techniques that the public may consider manipulative.
Answer
Correct Answer:
True
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