. Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?

I have finished up my exam but was wanting a second opinion on answers because I really need to pass this final.

5. Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?

a. Custody

b. General questioning

c. Formal criminal proceedings

d. Police focus on a suspect

e. All of the above

 

 

6. Custody is defined by the Supreme Court as:

a. A person has been taken into “custody.”

b. A person has been formally arrested.

c. A person has been deprived of his freedom of action in any

significant way.

d. A reasonable man in the suspect’s position would have understood

he was in custody.

e. All of the above

 

 

7. After a suspect asserts his or her Miranda rights, questioning:

 

a. Must cease as a general rule.

b. May continue under limited circumstances.

c. Should be avoided.

d. Can occur later on another crime with a new Miranda advisement

and waiver.

e. All of the above

 

 

8. The ______________ exception to Miranda exists if a threat exists to third parties.

 

a. Exigent circumstances

b. Public safety

c. Emergency

d. Impracticality

e. All of the above

 

 

 

 

 

9. What do the courts pay attention to when deciding whether a confession is voluntary?

 

a. The nature of the police conduct

b. The characteristics of the accused

c. Whether force was used

d. Physical brutality

e. All of the above

 

 

10. Which of the following, by itself, will automatically render a confession involuntary?

 

a. Psychological pressures

b. Promises of leniency

c. Deception

d. None of the above

 

 

11. If a person is not already in custody, the police must have what justification in order to “seize” that person for compelled participation in the lineup?

 

a. Probable cause

b. Reasonable suspicion

c. Proof beyond a reasonable doubt

d. None of the above.

 

 

12. Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure?

 

a. The Fourth Amendment

b. The Sixth Amendment

c. The Fourteenth Amendment

d. None of the above.

 

 

13. The accused enjoys______________ during identification procedures.

 

a. Due process protections

b. Fourth Amendment protection

c. Fifth Amendment protection

d. None of the above.

14. If a suspect refuses to participate in a lineup, he or she can be:

 

a. Sued.

b. Thrown in prison.

c. Charged with contempt.

d. Released.

e. None of the above.

 

 

15. At which point in time past the crime will a showup usually be considered invalid?

 

a. Five minutes after the crime.

b. Thirty minutes after the crime.

c. More than sixty minutes after the crime.

d. None of the above.

 

 

16. An overly suggestive lineup violates:

 

a. The Fourth Amendment.

b. The Fifth Amendment.

c. The Sixth Amendment.

d. The Fourteenth Amendment.

 

 

17. Which type of in-court questioning occurs when a defense witness is questioned by the prosecutor during the defense’s case?

 

a. Cross-examination

b. Direct examination

c. Re-direct examination

d. Re-cross examination

 

 

18. Under which of the following circumstances are leading questions permissible?

 

a. In questioning on preliminary matters

b. Where the witness is difficult to control

c. For the purpose of refreshing the witness’s memory

d. All of the above.

 

 

19. Which of the following is the formal legal term for bolstering a witness’s credibility?

 

a. Credibility

b. Impeachment

c. Competency

d. Rehabilitation

 

 

20. Which of the following terms pertains to a witness’s ability to remember events, communicate effectively, and understanding the importance of telling the truth?

 

a. Credibility

b. Impeachment

c. Competency

d. Discrediting

 

 

21. Which of the following are activities associated with booking?

 

a. Paperwork will be completed

b. Photographing of the arrestee

c. Arrestee contacts counsel and/or other individuals

d. All of the above.

 

 

22. Which of the following will most not likely occur at the initial appearance in a criminal case?

 

a. The reason for being detained on criminal charges is explained.

b. An advisement of the right against self-incrimination.

c. Appointment of counsel if needed.

d. Initial bail setting.

e. All of the above

 

 

23. According to the Supreme Court, at pretrial release hearings the accused enjoys the right to:

 

a. Counsel.

b. Freedom from self-incrimination.

c. Fourth Amendment protection.

d. None of the above.

 

24. Which of the following can be considered criteria for deciding on whether pretrial release should be granted?

 

a. Flight risk

b. Dangerousness

c. Ability to pay

d. All of the above

 

 

25. The preliminary hearing serves as a check on:

 

a. The prosecutor’s charging decision.

b. A police officer’s decision to arrest.

c. A police officer’s charging decision.

d. A judge’s decision whether or not to hear the case.

e. All of the above.

 

 

26. Which of the following is true about the preliminary hearing?

 

a. The accused enjoys the right to counsel.

b. The exclusionary rule does not technically apply in preliminary

hearings.

c. There is no constitutional right for the accused to cross-examine.

d. There is no constitutional right for an accused to use compulsory

process to make witnesses come to court to testify.

e. All of the above.

 

 

27. According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution?

 

a. Transcriptions of oral statements made by the defendant

b. The defendant’s prior criminal record

c. Results from physical and/or mental evaluations

d. All of the above.

 

 

28. If the prosecution fails to disclose exculpatory evidence, it violates:

 

a. The Fourteenth Amendment.

b. The Eighth Amendment.

c. The Fifth Amendment.

d. The Fourth Amendment.

29. Which term is used to describe the defendant’s explanation to the judge concerning his or her guilty plea?

 

a. Allocution

b. Narrative

c. Supporting statement

d. None of the above.

 

 

30. A plea of ___________ means that “I do not desire to contest the action.”

 

a. guilty

b. not guilty

c. nolo contendere

d. innocent

 

 

31. Which of the following is NOT a reason for failing to prosecute?

 

a. Lack of evidence

b. Defense case stronger than the prosecution’s

c. Resource restrictions

d. Defendant’s political connections

 

 

32. If a prosecutor’s decision to bring charges is discriminatory in nature, this is known as:

 

a. Discriminatory prosecution.

b. Selective prosecution.

c. Inappropriate prosecution.

d. Criminal prosecution.

e. None of the above.

 

 

33. The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences?

 

a. Private admonition or reprimand

b. Public reprimand

c. Suspension from law practice

d. Permanent disbarment

e. All of the above.

34. According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual?

 

a. When the charges arise from the same criminal event

b. When two separate criminal acts are tied together in some fashion

c. When two criminal acts are “the same or similar in character”

d. All of the above.

 

 

35. The right to a grand jury can be found in which constitutional amendment?

 

a. The Fourth

b. The Fifth

c. The Sixth

d. The Fourteenth

 

 

36. Grand jury indictments will be the charging mechanism of choice when:

 

a. The case is of great political significance.

b. The grand jury’s investigative powers are useful.

c. One or more witnesses is/are hesitant to speak in open court.

d. The case is of great public interest.

e. All of the above.

 

 

37. When a grand jury decides there is enough evidence for an indictment, it issues a(n):

 

a. Complaint.

b. Information.

c. True bill.

d. Statement of noncollusion.

e. None of the above.

 

 

 

 

 

 

 

 

 

38. The right to counsel for persons accused in criminal prosecutions:

 

a. Has due process origins.

b. Is mentioned in the Sixth Amendment.

c. Is important in relation to the Fifth Amendment’s self-incrimination

clause.

d. Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states.

e. All of the above.

 

 

39. Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?

 

a. Pro bono

b. Pro se

c. Inter alia

d. Mens rea

e. Ibid

 

 

40. Adversary proceedings include:

 

a. Initial appearance

b. Indictment.

c. Formal charge.

d. Sentencing.

e. All of the above.

 

41. Which of the following rights of a criminal defendant is not explicitly mentioned in the Constitution?

 

a. Speedy trial

b. Jury trial

c. Impartial judge

d. Public trial

e. None of the above

 

42. Which of the following is an argument against speedy trials?

 

a. They may not give the defense adequate time to prepare.

b. They minimize anxiety on the part of the accused.

c. They prevent excessive incarceration.

d. They permit quick disposal of cases.

43. For an intentional delay of a speedy trial to violate the Sixth Amendment, it must:

 

a. last more than a year.

b. last more than six months.

c. result in “lost” witnesses.

d. prejudice the defendant.

 

 

44. The Supreme Court has ruled that the right to an impartial judge is guaranteed by the _________________ Amendment.

 

a. Fourteenth

b. Eight

c. Sixth

d. Fifth

e. None of the above

 

 

45. The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case?

 

a. 3

b. 5

c. 6

d. 9

e. 12

 

46.  For a waiver of a jury trial to be valid, it must be:

 

a. express.

b. intelligent.

c. voluntary.

d. free of coercion.

e. All of the above

 

47. In most states potential jurors need to be:

 

a. of a certain age.

b. U.S. citizens.

c. free of felony convictions.

d. able to speak and understand the English.

e. All of the above

48. A jury that represents a “fair cross-section” of the community within the meaning of the Sixth Amendment is one that does not exclude:

 

a. racial minorities.

b. women.

c. distinctive groups.

d. All of the above

 

 

49. Peremptory challenges used to exclude racial minorities are:

 

a. never acceptable.

b. acceptable when the prosecutor offers a race neutral

explanation for doing so.

c. acceptable in capital trials.

d. acceptable only in misdemeanor trials.

 

 

50. Voir dire consists of:

 

a. Questioning by the judge.

b. Challenges for cause.

c. Questioning by the defense attorney.

d. Questioning by the prosecutor.

e. All of the above