Miranda Flashcards
Miranda:
T/F you are required to advise a defendant of ALL charges against him/her?
False
Miranda:
Not only must the questioning intend to be incriminating, but the response given must be___________ in order for it to be considered a/an ________________?
Incriminating
Interrogation
Miranda:
Functional Equivalent are ______________ on the part of the police that the police should know will elicit incriminating responses?
Words or actions
Miranda:
Is asking for consent an incriminating question that requires Miranda?
NO
Miranda:
Is asking a person to identify themselves an incriminating question?
Generally no
Miranda:
Asking a subject “What is the trouble?” is an example of?
A threshold question
Miranda:
Having a subject’s spouse ask questions is not a violation of Miranda, so long as?
The wife is NOT acting as an agent of the police.
Miranda:
Informants or UC’s are ____________.
Not permitted under Nevada constitution but allowed Federally
Miranda:
Are Medical Restraints considered Custody for purposes of Miranda?
NO as long as deemed medically necessary in a public setting
Miranda:
T/F, Individuals questioned in Prison are automatically considered “In Custody”?
False
Miranda:
T/F, Miranda is required for some traffic stops and all Terry stops due to asking incriminating questions and detainment of an individual?
False
Miranda:
An ________________ to an Officer asking if a subject understood his/her rights is considered a?
Affirmative response
Knowingly and intelligent waiver
Miranda:
A proper waiver of Miranda must be?
- Knowingly and intelligently made
- Voluntarily given
- Not coerced
Miranda:
T/F, If after reading Miranda, a subject requests an attorney before giving an oral statement, they may still agree to conduct a written statement without an attorney present?
True
Miranda:
Can a subject’s mother invoke Miranda rights for the subject being questioned?
NO
Miranda:
“Break in” custody length before reinitiating contact?
The lapse in time requirement for reinitiating contact after invoking right to silence?
2 weeks
30 minutes
Miranda:
T/F, if a juvenile requests their parent’s presence, the questioning MUST cease until a parent arrives?
False
Miranda:
T/F, Once a child is certified to adult court and is convicted of a criminal offense they are automatically treated as an adult for any and all offenses?
True
Miranda:
Statements taken in violation of Miranda ____ still admissible in court to________?
CAN
Impeach conflicting testimony
Miranda:
A subject gives an involuntary statement prior to Miranda. The officer remembers he forgot to advise the defendant and immediately stops questioning to Mirandize the individual and re-questions the subject apologizing for his/her mistake. Does this course of action make the previous statement acceptable? Is the new statement acceptable?
The first statement is inadmissible as it was involuntary, to begin with.
As long as the second statement is voluntary and the police did not deliberately violate Miranda, the second statement can be admissible.
Miranda:
T/F. Intoxicated individuals can rarely give a voluntary confession to the police?
False
Miranda:
Promises will not affect the voluntariness of Miranda so long as?
The promise is something that can be kept by the person giving it.
Miranda:
Police are permitted to lie to a subject so long as the lie?
Doesn’t involve a Promise or Threat
Miranda:
“Off the record” discussions are?
Inadmissible
