T/F

Question 1

T/F
The traditional test to determine the admissibility of a confession is the free and voluntary rule

Answer 1

True

Question 2

T/F
General inquiry at the scene of a crime is considered questioning

Answer 2

False

Question 3

T/F
Prosecution bears burden of establishing “beyond a reasonable doubt” that a statement made to investigators is voluntary

Answer 3

True

Question 4

T/F
Suspects waiver of rights is invalid when he/she believes the questioning will be for minor crimes, but police shift questioning to cover different/more serious crimes

Answer 4

False - Colorado v Spring

Question 5

T/F
Robbery suspects confession 6 hours after his illegal arrest was long enough to admit confession

Answer 5

False - arrest was not sufficiently purged of the taint of that illegality

Question 6

T/F
A confession will be admissible if it was post Miranda even if the initial arrest was illegal

Answer 6

False

Question 7

T/F
Failure to give Miranda warnings, by itself, is a constitutional violation

Answer 7

False - potential violations occur, if at all, only upon the admission of un-warned statements into evidence at trial

Question 8

T/F
Federal courts have taken the position that if a confession is obtained during the 6 hours between arrest and arraignment, it is per se reasonable

Answer 8

True

Question 9

T/F
Even if a confession is inadmissible because Miranda wasn’t given, it may be admitted to impeach the credibility of the defendant if they take the stand on their own behalf

Answer 9

True - Harris v New York

Question 10

T/F
Silence of the accused after Miranda warnings are given may be used for impeachment purposes.

Answer 10

False - US v Hale

Question 11

T/F
For inevitable discovery to apply, government must establish by proof beyond a reasonable doubt the reasonable probability evidence would have been discovered , absent misconduct

Answer 11

False - preponderance of the evidence, not beyond a reasonable doubt

Question 12

T/F
In civil actions, the plaintiff is required to show a breach of duty beyond a reasonable doubt

Answer 12

False - preponderance of the evidence

Question 13

Liability under 1983 (civil) can be based on respondeat superior

Answer 13

False - only if personally involved or knowingly/willfully/recklessly caused deprivation of constitutional rights