Admissions and Confessions Flashcards
(10 cards)
Which of the following amendments are not directly involved in the law of admissions and confessions?
7th Amendment
The Miranda Case is based on which provision of the Constitution?
5th Amendment
Which of the following is correct regarding the requirement to give Miranda advice of rights and protections provided by Miranda?
Miranda applies to custodial interrogation, meaning they are in custody and you are asking them questions.
An involuntary confession violates which constitutional rights?
5th Amendment (Prohibition of compelled self-incrimination) and 14th Amendment (right to due process of law)
Which of the following is correct regarding the requirement to give Miranda advice of rights and the protections provided by Miranda?
Miranda applies to custodial interrogation, meaning they are in custody and you are them questions.
For the purposes of Miranda, a person is typically not considered to be in custody under which circumstance?
A Terry Stop
Regarding admissions and confessions, the use of deception by the police to obtain a waiver of Miranda right could render a confession inadmissible in court.
True
Which of the following would most likely be allowed under the public safety exception to Miranda?
Asking the location of the weapon used in a crime that occurred a few minutes earlier.
A confession would not be admissible if the suspect was not advised of their rights under Miranda, even if they have an extensive criminal record and claim to know their rights.
True
Which of the following is not required in the Miranda advice of rights?
“If you wish to stop answering questions, you may do so at any time”