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Ricco was recently arrested and interrogated by the police.He had been in custody for a lengthy period of time and, as a heroin addict, had begun to experience withdrawal.A doctor at the station was able to inject him with a mixture of substances to help ease his symptoms.Ricco promptly confessed.It was later discovered that the substance injected often has truth-telling properties.May there be a problem with Ricco's confession?


A) No, the confession was voluntary and there were no defects present.
B) Yes, the confession was likely not voluntary and only occurred as a result of the injection.
C) Yes, his age and intelligence may be called into question.
D) No, the confession was not a product of coercion.

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By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his or her Miranda rights?


A) probable cause
B) modified probable cause
C) preponderance of the evidence
D) reasonable suspicion

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The constitutional right to counsel during interrogation stems from the Fifth Amendment.

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The U.S.Supreme Court has held that when reading a suspect his or her Miranda rights, it is important that ______.


A) the police use the proper terminology as outline in Miranda
B) the police clearly inform the suspect of his or her rights
C) the police verify that the suspect completely understands these rights
D) the police at least attempt to convey the suspect his or her rights

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In which of the following cases did the Supreme Court observe that isolated and inexperienced defendants had no reason not to believe that the police had ample power to carry out their threats?


A) White v.Texas
B) Lynumn v.Illinois
C) Blackburn v.Alabama
D) Mincey v.Arizona

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The police methods test was first articulated in the ______ case.


A) Spano v.New York
B) Watts v.Indiana
C) Lisenba v.California
D) Townsend v.Sain

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List and explain at least five of the factors to be considered in determining whether an individual would believe he or she is subject to a custodial interrogation.

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The number of police officers, whether the individual has been told she is free to leave, the length and intensity of the questioning, whether the officer employs physical force, whether the stop is in public or private, the location of the interrogation, whether a reasonable person would believe that the stop would be brief or would result in a custodial arrest, whether the individual is familiar with the surroundings, and whether the suspect is permitted to leave following the interrogation.

In the opinion for Davis v.United States, the U.S.Supreme Court held that the statement "maybe I should talk to a lawyer" is a sufficiently clear invocation of the suspect's Miranda rights.

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Miranda v.Arizona established one of the few situations in which a defendant must be informed of his or her rights.Using the Court's reasoning, explain why they did so.Additionally, consider the many exceptions to Miranda covered in the text.Explain a few of these exceptions and explain why the Court chose to carve out these exceptions instead of simply reversing or overturning the Miranda requirement.

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Students may mention...

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Identify and discuss the three constitutional amendments that are integral to individuals' rights during police interrogations.

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Students should identify the Fourteenth, Fifth, and Sixth Amendments.

If a suspect confesses in order to obtain a benefit such as the avoidance of abuse or mistreatment or to receive favorable consideration at sentencing, he or she is known as a ______.


A) voluntary false confessor
B) compliant false confessor
C) internalized false confessor
D) factually false confessor

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The English Star Chamber is an example of the ______ system of criminal procedure.


A) accusatorial
B) adversarial
C) constitutional
D) inquisitorial

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Identify the three step process of a waiver inquiry.

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Students should identify and discuss and elaborate on the following: voluntary, knowing and intelligent, and the totality of the circumstances.

Eighteenth-century English law held that confessions were inadmissible at trial if they were obtained by all of the following except ______.


A) a promise of lenient treatment
B) a false promise not to prosecute
C) threat of force
D) a voluntary confession

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The primary issue addressed by the McNabb-Mallory rule is ______.


A) the amount of psychological coercion police can use during an interrogation
B) the amount of time between arrest and first appearance before a magistrate
C) whether police can promise leniency to a suspect in order to obtain a confession
D) how long police can interrogate a suspect before informing him or her of his right to counsel

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The Bram v.United States case held that the ______ prohibited the use of involuntary confessions against defendants.


A) Sixth Amendment
B) Fourteenth Amendment
C) Fourth Amendment
D) Fifth Amendment

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Which of the following court cases illustrated the third degree?


A) Malloy v.Hogan
B) Bram v.United States
C) Beecher v.Alabama
D) Brown v.Mississippi

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The police may initiate contact with an individual whose Sixth Amendment right to counsel has attached following a preliminary hearing, and the individual is free to talk to the police.

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What is express questioning?

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Questions ...

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Identify and discuss the potential challenges and problems that confessions present.

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Students should identify and d...

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