Confessions & Self-Incrimination

Question 1

A conviction will not be overturned for erroneous admission of an involuntary confession if…

Answer 1

the government can show that there was other overwhelming evidence of guilt.

Question 2

Confessions resulting from illegal arrests or searches are…

Answer 2

inadmissible.

Question 3

A person will be considered to be in custody if…

Answer 3

a reasonable person with like age, mental and physical condition, intellect, etc., as the suspect would believe that they are not free to go.

Question 4

Subsequent confessions following an involuntary confession are…

Answer 4

presumed to be tainted.

Question 5

In Virginia, the state can overcome a tainted confession presumption by…

Answer 5

clear and convincing evidence to the contrary.

Question 6

Tainted evidence may be used to…

Answer 6

impeach.

Question 7

The Commonwealth bears the burden of proving voluntariness of a confession by a….

Answer 7

preponderance of the evidence.

Question 8

A defendant may take the stand to testify at trial regarding the voluntariness of their confession without…

Answer 8

thereby waiving their 5th Amendment privilege against self-incrimination.

Question 9

Blood alcohol tests (are/are not) within the federally protected privilege against self-incrimination.

Answer 9

are not

Question 10

Under Virginia law, an unreasonable refusal to submit to a blood or breathalyzer test is admissible…

Answer 10

only for the purpose of explaining the absence of a chemical test.