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The legal hurdles that confessions must pass in order to be
considered constitutional stem from the following group of amendments:
- Fourth,
- Fifth, Sixth, and Fourteenth
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___________
begins when police officers place a suspect under formal arrest or take a
suspect into custody:
Custodial interrogation stage
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The following case established the “fruit of the poisonous
tree” doctrine:
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The following rule protects defendants against an undue
delay in arraignment:
McNabb-Mallory rule
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Miranda v. Arizona is based on the following:
- Fifth Amendment privilege against self-incrimination
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_________
are always exempt from having to provide
Miranda warnings:
Prison psychiatrists
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Suspects are required to be advised of all of the following in a Miranda warning except for:
The right to trial by jury
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After a suspect invokes the right to counsel, questioning may resume only if:
- Counsel is present
- Suspect reopens the dialogue
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Sixth Amendment right to counsel attaches at this point:
When adversarial judicial proceedings are commenced
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The following describes the protection standard afforded under the Sixth Amendment:
Deliberate elicitation
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An inadmissible confession may be used to impeach the
witness if:
1) Defendant takes the stand and testifies on his or her own behalf
2) Confession was freely and voluntarily given
3) The story the defendant tells the jurors differs from what he or she told police
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_________ is the independent proof required in addition to a confession that a crime has
been committed:
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A confession does not have to derive from improper government activity to be considered involuntary in the constitutional sense.
False
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Force and brutality render confessions involuntary as a matter of law.
True
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State courts are not required to follow the McNabb-Mallory
rule.
True
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Miranda safeguards do not only apply when police interrogaten a suspect who is then in custody.
False
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Miranda safeguards are not required when a suspect is not aware that he is speaking to a police officer
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Police only need to administer Miranda warnings once over the course of an investigation.
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The right to counsel is addressed in the Sixth Amendment.
True
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The legal requirements in effect during police questioning vary with the stage when questions are asked.
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One of the three purposes of suppressing coerced confessions is to preserve a suspect’s freedom of choice.
True
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Custodial interrogation has three components.
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