Interrogations and Confessions

Interrogations and Confessions

Multiple Select

True or False; a confession that is introduced into evidence after being obtained by use of violence is a 6th Amendment violation.

• True

• False

Admitting an involuntary statement,

• such as one procured by violence, is a Due Process violation.

Multiple Select

A Due Process violation is determined by

• a totality of the circumstances focusing on the police conduct in question and the characteristics of the accused

• a balancing test based on the ability of the defendant to access counsel vs. the time they are held in custody

• the characteristics of the accused alone (age, immaturity, disability)

Due process violations are determined on a case by case basis, weighing the amount of coercion in conjunction with characteristics of the suspect including:

• disability, immaturity, intoxication, fatigue, pain, age, level of education, familiarity with the criminal process

Multiple Select

A confession procured after a 38 hour interrogation with only a single 5 minute break would violate Due Process if introduced into court.

• true

• false

Ashcraft v. Tennessee -

• held this to be a Due Process Violation

Multiple Select

A mentally challenged 19-year-old held without any counsel and given little food, any confession procured after this would:

• be a Due Process Violation

• not be a Due Process violation

Payne v. Arkansas -

• held confession was involuntary

Multiple Select

A police officer’s false statement that a co-defendant implicated the accused

• Voluntary statement

• Involuntary statement

Frazier v. Cupp –

• police officer’s false statement that a co-defendant implicated the accused does not make a confession involuntary

Multiple Select

Massiah v. United States was the landmark case regarding:

• 5th Amendment right against self incrimination

• 6th Amendment right to counsel

• 14th Amendment right to fair trial

The Massiah v. United States case held that the 6th Amendment is violated when evidence of ∆'s own incriminating words are used against him

• when there is deliberate elicitation

• formal criminal proceedings have been initiated

• counsel is not present

Multiple Choice

Formal criminal proceedings for the purposes of the 6th Amendment include

• grand jury indictment

• filing of charges

• preliminary hearing

• all of the above

Multiple Select

A man was indicted for burglary and given access to counsel. He was then interrogated on an unrelated murder. His attorney in the murder trial moved to exclude his statement based on a 6th Amendment violation. As the judge you should:

• exclude the statement

• admit the statement

Texas v. Cobb –

• states that the 6th Amendment protection of right to counsel after formal proceedings have been initiated is offense specific.

Multiple Select

A suspect may waive his/her right to counsel

• true

• false

A suspect may waive his/her right to counsel

• It must be knowing, voluntary, and intelligent under the totality of the circumstances.

Multiple Select

Based on the protections of the 5th Amendment, the prosecution may not use statements stemming from _________ without safeguards to secure the privilege against self-incrimination.

• police brutality

• custodial interrogation

• interrogations in any setting

5th Amendment right against self-incrimination

• requires safeguards advising rights during a custodial interrogation because of its coercive nature.

Multiple Select

Interrogations are only considered custodial in the police station.

• true

• false

Custodial - is not defined as being in the police station alone, the facts and circumstances of every encounter must be examined.

• voluntarily going to the police station- non-csutodial

• arrest - custodial

• Police questioning in a person's home can be custodial

Multiple Select

5th Amendment is a constitutional mandate on law enforcement to read a suspect his right to counsel and remain silent.

• true

• false

The failure to read "Miranda" rights

• only affects the admission – is not a constitutional mandate on police.

Multiple Select

When a statement is excluded for a violation of 5th Amendment protections, it is excluded for all purposes

• true

• false

Impeachment!!

• The statement may still be introduced for impeachment purposes