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
In which of the following situations might a statement not be considered an opposing party's statement?
A. The statement was coerced through physical force
B. The statement was voluntarily made to a friend
C. The statement was made in response to an accusation, and the party remained silent
D. The statement was made during a lawful police interrogation
A. The statement was coerced through physical force
What constitutes a valid waiver of Miranda rights after the suspect asserts their right to counsel?
A. The suspect must be questioned continuously until they give up
B. The suspect must voluntarily initiate further conversation with police
C. The police must present an attorney to the suspect
D. The police can resume questioning after a 10-minute break
B. The suspect must voluntarily initiate further conversation with police
What impact does Miranda have on confessions obtained through psychological coercion?
A. Miranda eliminates the admissibility of confessions obtained through psychological coercion
B. Miranda only applies if physical force was used
C. Miranda allows coerced confessions if the suspect waived their rights
D. Miranda has no effect on the admissibility of confessions obtained through coercion
A. Miranda eliminates the admissibility of confessions obtained through psychological coercion
What constitutes a violation of the Sixth Amendment right to counsel during interrogation?
A. The police read Miranda rights but do not provide a lawyer
B. The police interrogate a suspect after formal charges are filed without a lawyer present
C. The police question a suspect during an investigation without formal charges
D. The suspect voluntarily confesses before requesting a lawyer
B. The police interrogate a suspect after formal charges are filed without a lawyer present