Complete Test Bank Confessions and Identification Ch.7

CHAPTER 7 TEST BANK

MULTIPLE CHOICE

1. The three types of situations in which compulsion can occur are

a. just before questioning, in written documents, when a person is threatened with noncriminal sanctions by failing to testify.

b. during questioning, in written documents, when a person is threatened with criminal sanctions by failing to testify.

c. during questioning, in written documents, when a person is threatened with noncriminal sanctions by failing to testify.

d. during questioning, in written iambic pentameter, when a person is threatened with noncriminal sanctions by failing to testify.

2. Individuals are protected from being compelled to testify by the

a. Fourth Amendment.

b. Fifth Amendment.

c. Sixth Amendment.

d. Eighth Amendment.

3. Aside from custodial interrogation, compulsion can take place during

a. trial.

b. grand jury questioning of witnesses.

c. noncustodial questioning.

d. all of the above

4. An incriminating statement is any compelled statement that

a. may be used in a criminal proceeding.

b. may be used in any proceeding.

c. is used to convict.

d. is obtained with coercion.

5. A proceeding is deemed criminal based on

a. where it is located.

b. the punitive sanctions involved.

c. whether it is for a felony.

d. whether fines can be imposed.

6. The government can compel any criminal defendants to

a. testify against themselves.

b. supply incriminating evidence.

c. do nothing.

d. silence themselves.

7. When determining voluntariness, the courts focus on

a. police conduct and the suspect’s characteristics.

b. police conduct.

c. police conduct and handwriting.

d. whether Miranda was given.

8. The Sixth Amendment provides suspects the right

a. against self-incrimination.

b. against double jeopardy.

c. to protection from unreasonable search.

d. to counsel.

9. Miranda is applicable when

a. the police question a suspect.

b. a suspect is detained.

c. the police interrogate a suspect.

d. someone is questioned in the stationhouse.

10. A person is in custody when

a. arrested.

b. stopped.

c. detained.

d. in the station.

11. When stopped for speeding, a person is

a. under arrest.

b. detained.

c. in custody.

d. subject to search.

12. Interrogation is questioning

a. by the police.

b. in the stationhouse.

c. that tends to incriminate the individual being questioned about his or her involvement in a crime.

d. that incriminates the individual being questioned.

13. The public safety exception was defined in

a. New York v. Sibron.

b. New York v. Quarles.

c. Miranda v. United States.

d. Garrity v. New Jersey.

14. A factor considered in voluntariness is

a. age.

b. prior history.

c. location of questioning.

d. all of the above

15. The police can question a suspect after he or she invokes Miranda if the officer

a. thinks the suspect is guilty.

b. does not know the suspect has invoked Miranda.

c. changes his or her mind.

d. is arrested.

16. The exclusionary rule is designed to

a. deter police misconduct.

b. help criminals get off.

c. exclude evidence obtained legally.

d. exclude illegally obtained evidence.

17. The method of identification where a suspect is made to stand beside several people of generally similar looks as a witness tries to identify him or her is

a. a showup.

b. always admissible.

c. protected by the Eighth Amendment.

d. a lineup.

18. It is good practice when conducting a lineup to

a. have counsel present.

b. advise the witness.

c. take as long as necessary.

d. have at least five people.

19. Immunity that extends to matters far beyond the scope of questions asked is

a. diplomatic.

b. learned.

c. transactional.

d. age driven.

20. This ensures that witnesses at either a trial or a grand jury hearing can be compelled to answer questions after they have waived Fifth Amendment privilege and begin to testify.

a. fair examination rule.

b. exclusionary rule.

c. golden rule.

d. self-incrimination clause.

21. When a suspect is subject to a Terry stop, he or she is

a. in custody.

b. protected by the warrant clause of the Fourth Amendment.

c. detained.

d. supposed to be Mirandized.

22. The protection against self-incrimination is applicable to the states through the

a. Sixth Amendment.

b. Fifth Amendment.

c. Fourteenth Amendment.

d. Fourth Amendment.

23. Compulsion can occur

a. during questioning.

b. in written documents.

c. when a person is threatened with non-criminal sanctions by failing to testify.

d. all of the above

24. This case that had to decide whether a state’s “civil” designation of juvenile proceedings diminished the Fifth Amendment’s applicability in such proceedings. This case developed the “deprivation of liberty” criterion.

a. In re Gault

b. In re Winship

c. Minnesota v. Murphy

d. Estelle v. Smith

25. In the case of Kansas v. Hendricks (1997), the Supreme Court addressed the civil commitment proceedings for

a. juveniles.

b. the mentally disabled.

c. sex offenders.

d. sexual assault victims.

26. This is a rule whereby the state cannot use any evidence derived from the immunized testimony against the witness.

a. transactional immunity

b. derivative use immunity

c. inductive immunity

d. transitional immunity

27. This occurs when a person implicates him or herself in criminal activity following police questioning and/or interrogation.

a. confession

b. admission

c. collaboration

d. confirmation

28. This occurs when a person implicates him- or herself in criminal activity without any police encouragement and not preceded by police questioning.

a. confession

b. admission

c. collaboration

d. confirmation

29. This case involved the whippings and other brutal methods of three black defendants to obtain confessions from them.

a. Brown v. Mississippi

b. Fikes v. Alabama

c. Williams v. United States

d. Roger v. Richmond

30. In Williams v. United States (1951), confessions obtained by __________ cannot be admissible under any concept of due process.

a. coercion

b. blackmail

c. interrogation

d. brutality and torture

31. To determine the voluntariness of a confession, the courts usually will focus on the police conduct in questioning the suspect as well as

a. the characteristics of the suspect.

b. the environment in which the confession was given.

c. prior court cases.

d. the criminal history of the suspect’s family.

32. Miranda rights kick in as soon as the person in question is

a. stopped.

b. questioned.

c. in custody.

d. under suspicion.

33. “Questioning initiated by law enforcement officers” is the definition of interrogation given in the __________ case.

a. Terry

b. Brown

c. Miranda

d. Innis

34. Which of the following is a question that would fall under the category of interrogation?

a. guilt-seeking questions

b. conversation intended to elicit response

c. conversation not intended to elicit response

d. both a and b

35. In Maryland v. Shatzer (2010), the Supreme Court reiterated the rule requiring an interrogation to stop after a suspect has

a. given a confession.

b. invoked his or her right to counsel.

c. agreed to help police gather information.

d. gone through all possible questions about a crime.

36. For a waiver to be made clear by the individual, it must be

a. agreed upon by both parties in court.

b. in written form.

c. knowing and intelligent.

d. declared in front of a witness.

37. Which one of the following is not a common type of identification procedure?

a. lineups

b. showups

c. photographic arrays

d. video stream

38. In this type of identification procedure, the suspect is placed alongside several other people who, more or less, resemble the suspect.

a. lineups

b. showups

c. photographic arrays

d. video stream

39. This case ruled that a defendant who was placed in a police lineup without his attorney present after he had been indicted for a crime was a violation of his Sixth Amendment right.

a. Manson v. Braithwaite

b. Neil v. Biggers

c. United States v. Wade

d. Kirby v. Illinois

40. Which one of the following is not a step in minimizing suggestiveness in police lineups?

a. Lineups should consist of at least five people, including the suspect.

b. Persons in the lineup should have different physical characteristics.

c. The suspect should be permitted to choose his/her place in line.

d. Lineups should be photographed or videotaped.

TRUE/FALSE

1. ____ A confession can occur in both formal and informal circumstances.

2. ____ A person cannot be compelled to testify against him- or herself.

3. ____ An incriminating statement is any compelled statement that might be used in a criminal proceeding.

4. ____ Use and derivative use immunity are the only types of immunity recognized by the courts.

5. ____ The Fifth Amendment’s protection against self-incrimination is limited to testimonial evidence.

6. ____ Confessions and admissions are protected by the Fourth Amendment.

7. ____ The Fifth, Sixth, and Fourteenth Amendments protect confessions and admissions.

8. ____ The test in determining the voluntariness of a confession is the totality of the circumstances test.

9. ____ Escobedo is a case dealing with Fifth Amendment rights.

10. ____ Miranda is applicable anytime the police question a suspect.

11. ____ Custody is defined by how a reasonable person would understand the situation.

12. ____ If a police officer stops and detains someone, that person is in custody.

13. ____ If an individual is questioned in the stationhouse, Miranda applies.

14. ____ Interrogation is questioning by the police that tends to incriminate and is directed to a person about his or her involvement in a crime.

15. ____ Miranda warnings must be read word for word.

16. ____ There are no exceptions to the Miranda rule.

17. ____ New York v. Quarles established the plain view exception.

18. ____ A waiver of Miranda must be knowingly and voluntarily made.

19. ____ A waiver of Miranda need not always be voluntary.

20. ____ A juvenile can waive his or her Miranda rights.

21. ____ There is no Sixth Amendment right to counsel during photographic identifications.

22. ____ A lineup involves displaying a picture of the suspect along with photos of several other people to a victim or witness for the purpose of identification.

23. ____ Even if a showup is unnecessarily suggestive under a “totality of circumstances” analysis, any identification that follows will be admissible in court.

24. ____ Showups are one-on-one victim-offender confrontations, usually conducted outside the courtroom setting.

25. ____ Showups that are conducted more than sixty minutes after a crime will be upheld.

26. ____ Showups are preferable when the victim is immobile.

27. ____ All lineups should consist of at least five to six people.

28. ____ All persons in a lineup do not have to be of the same sex, race, or approximate age.

29. ____ Persons known to the witness can and should be placed in the lineup.

30. ____ Suspects cannot be forced to participate in lineups.

31. ____ Police are bound by Fourth Amendment restrictions if they want to obtain fingerprints or voice exemplars.

32. ____ Probable cause is required before the police can seize a person.

33. ____ According to the Supreme Court, nobody enjoys a “reasonable expectation of privacy” for characteristics that are exposed to the public.

34. ____ United States v. Wade (1967) established that suspects cannot be forced to participate in identification procedures.

35. ____ Identification procedures become unnecessarily suggestive if the procedure is set up such that the witness or victim is all but guaranteed to pick the perpetrator.

SHORT ANSWERS

1. Describe the purpose of the exclusionary rule and when it applies.

2. When does evidence become tainted?

3. Discuss how a person can be detained without being in custody.

4. What factors do the courts examine to determine voluntariness?

5. What does Miranda guarantee, and when do police have to use it?

The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. The police must Mirandize suspects when they are in legal custody or being interrogated.