Chapter 5:
Section 1:
Please indicate which answers below are true and
which are false.
1. Carl is
arrested, but no one reads him his Miranda rights. His arrest is illegal
and he will be set free.
2. Miranda rights
are a requirement imposed by Federal statutes
3. During
his interrogation, Carl asks to speak with his lawyer. The police can continue
to question him.
4. During
his interrogation, the police lie to Carl, telling him that his fingerprints
were found at the scene. This is a permissible tactic.
5. 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.
6. 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.
7. 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.
8. During
his interrogation, police threaten Carl with being locked up without food and
water until he confesses. Carl confesses. The confession was obtained
unconstitutionally.
9. 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.
10.
Psychological profiling of a suspect is
unconstitutional.
Please indicate the
correct answer for the following questions:
1. 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
2. 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
3. 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.”
4. This is
the hearing designed to prove that the defendant’s statement was given freely
and voluntarily.
a.
b. Motion to Dismiss
c. Motion for directed verdict
d. Gideon v. Wainwright motion
5. 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
6. 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
7. 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
8. 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
9. 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