Is statements an oral or written declaration to the police that may constitute an assertion of innocence?
Answer
Correct Answer:
True
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_____ is known as 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.
Answer
Correct Answer:
Star Chamber
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_____ is defined as a defendant may not be interrogated by the police following an indictment absent the presence of counsel unless the suspect waives his or her right to representation.
Answer
Correct Answer:
Sixth Amendment protection against the deliberate eliciting of a confession
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_____ is 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.
Answer
Correct Answer:
scrupulously honor
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Is question first and warn later 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 advice suspects of their rights?
Answer
Correct Answer:
True
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_____ is known as police may ask questions reasonably prompted by a reasonable concern with public safety without first advising a suspect of his or her Miranda rights.
Answer
Correct Answer:
public safety exception
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_____ is evidence that is non-communicative in character.
Answer
Correct Answer:
nontestimonial evidence
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Is miranda warnings 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?
Answer
Correct Answer:
True
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_____ is known as confessions that result from coercion, drugs, or a mental disability rather than free will.
Answer
Correct Answer:
involuntary confessions
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_____ is defined as words or actions on the part of the police that are likely to lead a suspect to incriminate himself or herself.
Answer
Correct Answer:
interrogation
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_____ is the test for waiving a prior invocation of counsel under Miranda.
Answer
Correct Answer:
initiation
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Is incommunicado interrogation law enforcement questioning of individuals in the isolation of a police station?
Answer
Correct Answer:
True
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_____ is known as the waiver of a right as indicated by an individual’s words and actions and the totality of the circumstances.
Answer
Correct Answer:
implied waiver
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_____ is defined 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.
Answer
Correct Answer:
functional equivalent of express questioning
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_____ is confessions may not be obtained through psychological or physical coercion that overcomes the will of the individual to resist.
Answer
Correct Answer:
Fourteenth Amendment due process voluntariness test
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Is false confession an innocent individual confesses to a crime that he or she did not commit?
Answer
Correct Answer:
True
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_____ is known as an affirmative relinquishment of a right.
Answer
Correct Answer:
express waiver
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_____ is defined as a direct question.
Answer
Correct Answer:
express questioning
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_____ is 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 a significant way.
Answer
Correct Answer:
custodial interrogation
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Is confessions an individual admits the commission of a crime in response to police questions?
Answer
Correct Answer:
True
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_____ is known as an individual who invokes right to counsel may be interrogated after fourteen days.
Answer
Correct Answer:
break in the custody rule
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After the right to counsel has attached, the police may engage in whatever behavior they deem necessary in order to elicit incriminating information in the absence of the accused’s lawyer.
Answer
Correct Answer:
False
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The functional equivalent of express questioning is words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
Answer
Correct Answer:
True
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Brock was interrogated about his role in an armed robbery. After being read his Miranda rights, he requested a lawyer. The police then began a different line of questioning about a completely different crime, a homicide. Does the line of questioning about a different crime violate Brock’s rights and request for a lawyer?
Answer
Correct Answer:
Yes, after requesting a lawyer all questioning should cease because after invoking the right to counsel once a suspect may have a hard time overcoming the pressure of custodial interrogation and requesting the lawyer for a second time.
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Daniel was arrested and interrogated at the police station. He was read his Miranda rights. Daniel refused to sign a waiver of his rights but indicated he was more than willing to continue talking to the police. The police continued the interrogation after a determination that his actions constituted an implied waiver. If Daniel challenges the waiver, a court may come to the conclusion that no explicit waiver occurred, but he engaged in a course of conduct indicating a waiver.
Answer
Correct Answer:
True
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Which is not a factor in considering whether a waiver was voluntary?
Answer
Correct Answer:
The crime the individual is accused of
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The formula for the Miranda warnings is very inflexible in nature.
Answer
Correct Answer:
False
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A reasonable concern with safety of the police or public outweighs the interest in protecting a suspect’s right against self-incrimination.
Answer
Correct Answer:
True
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Jamal was serving a 6 year term in prison for armed robbery. The police suspected him of multiple other crimes but didn’t have enough evidence to charge him yet. The police reached out to a potential informant and asked that he interrogate Jamal about the other crimes he was suspected of committing. Must the Miranda rights be read to Jamal before the interrogation?
Answer
Correct Answer:
No, because he was not confronted with the coercion of police interrogation.
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Chris enters a police station with the intention to make a voluntary confession. Must the police Mirandize Chris before he confesses?
Answer
Correct Answer:
No, Miranda is not necessary because Chris voluntarily entered the police station.
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Which statement is not part of the rights an individual must be made aware of during custodial interrogation?
Answer
Correct Answer:
The right to call a family member
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The police suspected Monika played a role in, or at least knew of, local gang-related drug activity. Monika was asked during an interrogation by the police to disclose any and all tattoos on her body. The police were hoping to see gang tattoos that would tie her to the organization in question. She refused to disclose any of her tattoos. May her noncooperation be introduced at trial as evidence of guilt?
Answer
Correct Answer:
Yes, due to its nontestimonial nature.
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Tanya was taken to the police station for questioning. She was hurriedly taken into an interrogation room where she was subjected to tough questioning. When asked about her role in the crime of interest she would not answer, claiming she was exercising her Fifth Amendment right. The interrogating officer advised her that her failure to answer the questions will be used against her in the subsequent criminal proceeding. Tanya has a right to remain silent, but that silence can and will be used against her in a court of law.
Answer
Correct Answer:
False
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Which is not a factor considered by courts in establishing voluntariness of a confession?
Answer
Correct Answer:
The type of crime to which the defendant confessed
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After a lengthy interrogation, Tony confessed to the crime. He claims he confessed falsely due to physical abuse he endured at the hands of the police. The prosecution warned him that if he challenges the voluntariness of his confession, he will bear the burden and must prove involuntariness beyond a reasonable doubt. The prosecutor correctly stated the burden to Tony.
Answer
Correct Answer:
False
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In which system is the burden on the prosecution to establish guilt beyond a reasonable doubt, and the defendant has the choice whether or not to testify at trial?
Answer
Correct Answer:
Accusatorial
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