General Principles of Admissions and Confessions
What is an opposing party's statement, also known as an admission?
A. A statement made by a defendant that favors their case
B. A statement made by a defendant that can be used against them in court
C. A statement made by the prosecutor
D. A statement made by a police officer
B. A statement made by a defendant that can be used against them in court
What must law enforcement provide during a custodial interrogation, according to Miranda v. Arizona?
A. A lawyer
B. A warning about their rights
C. A phone call
D. A signed confession
B. A warning about their rights
What does a "coerced confession" refer to?
A. A confession given freely
B. A confession obtained through threats, force, or pressure
C. A confession made in court
D. A confession given in the presence of a lawyer
B. A confession obtained through threats, force, or pressure
When does the Sixth Amendment right to counsel attach?
A. During the investigation of a crime
B. At any point during an arrest
C. At all critical stages of prosecution after formal charges are filed
D. Only during trial
C. At all critical stages of prosecution after formal charges are filed
Which of the following is not an example of an opposing party's statement?
A. A confession to a crime
B. A statement made in a casual conversation
C. A statement made during police interrogation
D. A statement made by the defense attorney
D. A statement made by the defense attorney
When does custody occur for Miranda purposes?
A. Only when a person is placed under formal arrest
B. When a reasonable person feels they are not free to leave
C. During any police interview
D. Only when physical restraints are used
B. When a reasonable person feels they are not free to leave
Which of the following is not a method of coercion that can lead to the exclusion of a confession?
A. Physical force
B. Psychological pressure
C. A voluntary statement
D. Threats of violence
C. A voluntary statement
Which of the following constitutes deliberate elicitation for Sixth Amendment purposes?
A. Routine questioning unrelated to the charges
B. Secretly recording the defendant’s conversation with a friend
C. Direct questioning by police without informing the suspect of their rights
D. Informing the defendant of their Miranda rights
B. Secretly recording the defendant’s conversation with a friend
What does the "free and voluntary rule" require for confessions to be admissible?
A. They must be given without any physical or psychological coercion
B. They must be made in the presence of an attorney
C. They must be signed by the defendant
D. They must be made in open court
A. They must be given without any physical or psychological coercion
Which of the following constitutes an interrogation for Miranda purposes?
A. Routine booking questions
B. Direct questioning about a crime
C. Casual conversation with the accused
D. Statements made by officers to each other in the suspect's presence
B. Direct questioning about a crime
Under what circumstance would a confession violate the Due Process Clause?
A. If the confession was obtained in the presence of an attorney
B. If the confession was given after the suspect was read their rights
C. If the confession was coerced through physical or psychological means
D. If the confession was given in open court
C. If the confession was coerced through physical or psychological means
When can a suspect waive their Sixth Amendment right to counsel?
A. After being formally charged and in the absence of an attorney
B. After requesting a lawyer but before consulting one
C. Only if the waiver is knowing and voluntary
D. Only during trial
C. Only if the waiver is knowing and voluntary
Which case established the need for law enforcement to inform suspects of their rights before interrogation? A. Terry v. Ohio
B. Miranda v. Arizona
C. Gideon v. Wainwright
D. Roe v. Wade
B. Miranda v. Arizona
What does it mean to "waive" Miranda rights?
A. Refusing to answer questions
B. Requesting an attorney
C. Voluntarily giving up the right to remain silent and speak to an attorney
D. Asking for a lighter sentence in exchange for a confession
C. Voluntarily giving up the right to remain silent and speak to an attorney
Which of the following would be considered psychological coercion?
A. Promising leniency in exchange for a confession
B. Yelling at the suspect during questioning
C. Physical threats
D. Routine questioning without Miranda warnings
A. Promising leniency in exchange for a confession
What does the exclusionary rule do with regard to confessions obtained in violation of the Sixth Amendment right to counsel?
A. It allows the confession to be used as evidence
B. It excludes the confession from trial
C. It requires the confession to be rewritten
D. It mandates that the confession be given to the defense
B. It excludes the confession from trial
A defendant tells police, “I took the money, but I thought it was mine.” At trial, the prosecution offers the statement against the defendant. The defense objects on hearsay grounds. What is the best answer?
A. The statement is inadmissible because it is self-serving
B. The statement is inadmissible unless the defendant testifies
C. The statement is admissible as an opposing party statement, even though it contains both inculpatory and exculpatory parts
D. The statement is admissible only if it was preceded by Miranda warnings
C. The statement is admissible as an opposing party statement, even though it contains both inculpatory and exculpatory parts
Police arrest a suspect for robbery, place him in an interrogation room, and read him his Miranda rights. The suspect says, “Maybe I should talk to a lawyer.” The officers continue questioning, and the suspect confesses. What is the strongest argument for admitting the confession?
A. The suspect was not in custody
B. The suspect made an ambiguous reference to counsel rather than a clear invocation
C. The right to counsel does not apply during interrogation
D. Confessions are always admissible if Miranda warnings were read
B. The suspect made an ambiguous reference to counsel rather than a clear invocation
A 16-year-old suspect with limited intellectual functioning is questioned for six hours overnight by multiple officers. He is denied contact with his parent, repeatedly told he can go home if he “just tells the truth,” and eventually confesses. No physical force is used, and Miranda warnings were given. What is the best analysis?
A. The confession is admissible because Miranda warnings were given
B. The confession is admissible because no physical violence occurred
C. The confession may still be excluded as involuntary under the Due Process Clause based on the totality of the circumstances
D. The confession is admissible because juveniles are judged by the same standard as adults in all cases
C. The confession may still be excluded as involuntary under the Due Process Clause based on the totality of the circumstances
A defendant has been formally charged with burglary and has counsel appointed. While in jail, an undercover informant placed by police engages him in conversation and deliberately gets him to discuss the burglary. The defendant also makes unsolicited comments about an unrelated uncharged auto theft. Which statement is most accurate?
A. Both statements must be excluded because counsel had been appointed
B. The burglary statements may be excluded under the Sixth Amendment, but the auto theft statements are not automatically excluded on that basis because the right is offense-specific
C. Both statements are admissible because the defendant was speaking to a fellow inmate rather than police
D. The burglary statements are admissible because no Miranda warning was required
B. The burglary statements may be excluded under the Sixth Amendment, but the auto theft statements are not automatically excluded on that basis because the right is offense-specific