BakersfieldCollege
Crim B4
Constitutional Criminal Procedure
Quiz 4
Name: ______Date Due: 3/3/16
Read each question, indicate the most correct answer. Use a Scantron 882E form.
Chapter 8 Interrogations and Confessions
1. Interrogations and confessions are protected by which of the following constitutional amendments?
a. Fifth
b. Sixth
c. Fourteenth
d. All of the above
2. What does the Fifth Amendment protect against?
a. Unreasonable searches and seizures
b. Violations of the right to counsel
c. Compelled self-incrimination
d. Cruel and unusual punishment
3. In which of the following ways can compulsion occur?
a. During questioning
b. Through responses on written documents
c. When a person is threatened with sanctions by refusing to testify
d. All of the above
4. Witnesses at either a trial or a grand jury hearing can be compelled to answer questions once they waive their Fifth Amendment privilege and begin to testify. This is known as:
a. the waiver rule.
b. the fair examination rule.
c. cross-examination.
d. direct examination.
5. Why do trial witnesses NOT need to be advised of their privilege against self-incrimination?
a. Testimony given in a public trial is less compelling.
b. The Fifth Amendment only applies to criminal defendants.
c. Trial witnesses are not the ones on trial.
d. All of the above
6. Which of the following circumstances violates the Fifth Amendment right against self-incrimination?
a. Forcing a suspect to give a voice exemplar
b. Forcing a suspect to submit to the extraction of a blood sample
c. Forcing a suspect to participate in a lineup
d. None of the above
7. With regard to the Fifth Amendment, the testimonial evidence requirement does NOT cover which of the following?
a. Verbal responses to questions
b. Physical evidence
c. Statements made under oath
d. All of the above
8. Which of the following can be considered “criminal proceedings”?
a. Trial
b. Juvenile delinquency hearing
c. Capital sentencing hearing
d. All of the above
9. Questions asked of a juvenile probationer concerning his or her probation status is NOT considered a “criminal proceeding”?
a. True
b. False
10. Besides interrogation, which of the following is/are central element(s) of the Miranda approach to confessions and interrogations?
a. Custody
b. General questioning
c. Formal criminal proceedings
d. All of the above
11. Custody is defined by the Supreme Court as happening when:
a. A person has been taken into “custody.”
b. A person has been formally arrested.
c. A person has been deprived of his freedom of action in any significant way.
d. All of the above
12. Which of the following can be considered interrogation for Miranda purposes?
a. Formal questioning.
b. Functional equivalent of questioning.
c. Asking a question that is reasonably likely to elicit an incriminating response.
d. All of the above
13. Which of the following is NOT an essential element of the Miranda warnings?
a. “You have the right to remain silent.”
b. “You have the right to an attorney.”
c. “If you cannot afford an attorney, one will be provided for you.”
d. “You have the right to stop answering questions at any time.”
14. What is the appropriate level of proof for showing a valid Miranda waiver?
a. Proof beyond a reasonable doubt
b. Probable cause
c. Preponderance of evidence
d. Clear and convincing evidence
15. After a suspect asserts his or her Miranda rights, questioning:
a. must cease as a general rule.
b. may continue under limited circumstances.
c. can occur later regarding another crime with a new Miranda advisement & waiver.
d. All of the above
16. A Miranda waiver must be:
a. knowing.
b. intelligent.
c. voluntary.
d. all of the above.
17. In which recent case did the Supreme Court reaffirm Miranda?
a. Massiah v. United States
b. Dickerson v. United States
c. Harris v. New York
d. United States v. Bayer
18. Which exception to Miranda exists if there is a threat to third parties?
a. Exigent circumstances
b. Public safety
c. Emergency
d. Impracticality
19. Which of the following is the “Christian burial” case in which the Supreme Court held that the police violated the suspect’s Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information?
a. Miranda v. Arizona
b. United States v. Henry
c. Brewer v. Williams
d. Kuhlmann v. Wilson
20. With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding?
a. Indictment
b. Arraignment
c. Formal charge
d. All of the above
21. When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. This is known as the:
a. Miranda approach.
b. Massiah doctrine.
c. Due process voluntariness approach.
d. Fifth Amendment rule.
22. Which of the following, by itself, will automatically render a confession involuntary?
a. Psychological pressures
b. Promises of leniency
c. Deception
d. None of the above
23. Which of the following can be considered “characteristics of the accused” that may render a confession involuntary?
a. Age
b. Mental history
c. Fatigue
d. All of the above
24. If a person fails to assert Fifth Amendment protection, and a waiver is “voluntary and intelligent,” then whatever that person says will be admissible.
a. Trueb. False
25. Once the defendant takes the stand, he or she can be compelled to answer questions.
a. Trueb. False
26. Physical evidence is protected by the Fifth Amendment.
a. Trueb. False
27. The only person who can assert Fifth Amendment protection is the person being compelled to answer a question.
a. Trueb. False
28. A mere conversation between police officers designed to elicit an incriminating response—even if the conversation is not directed toward the suspect—can require Mirandawarnings.
a. Trueb. False
Chapter 9
29. Which of the following constitutional provisions places restrictions on identification procedures?
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Fourteenth Amendment
30. Which of the following is a type of identification procedure?
a. Lineup
b. Show-up
c. Photographic array
d. All of the above
31. Which of the following helps ensure a reliable lineup?
a. At least five people appear in the lineup.
b. All persons in the lineup have the same physical characteristics.
c. The suspect should be permitted to choose his or her place in line.
d. All of the above
32. Attacking a witness’s credibility is referred to as:
a. liable.
b. discrediting.
c. impeachment.
d. None of the above
33. When the credibility of a witness is attacked, the side that produced the witness can takesteps to bolster his or her credibility, either by calling other witnesses or introducing otherevidence. This process is known as:
a. restructuring.
b. rehabilitation.
c. redistricting.
d. transforming.
34. Which type of in-court questioning occurs when a defense witness is first questioned by the defense attorney during the prosecution’s case?
a. Direct examination
b. Cross-examination
c. Redirect examination
d. Re-cross-examination
35. Which type of in-court questioning occurs when a defense witness is questioned by the prosecutor during the defense’s case?
a. Cross-examination
b. Direct examination
c. Redirect examination
d. Re-cross-examination
36. Which of the following is sometimes desirable to facilitate prompt identification when time is of the essence?
a. Lineups
b. Show-ups
c. Photographic arrays
d. In-court show-ups
37. An in-court identification that is influenced by an improper out-of-court identification is called a(n):
a. tainted identification.
b. suggestive lineup.
c. discredited identification.
d. impeached verdict.
38. The three most common types of identification procedures are lineups, show-ups, and in-court identification.
a. Trueb. False
39. An overly suggestive lineup violates due process.
a. Trueb. False
40. A show-up is a one-on-one confrontation between the victim and the offender, usually conducted in the community.
a. Trueb. False
41. Competency pertains, among other things, to a witness’s ability to remember events.
a. Trueb. False
42. A witness can be discredited when the prosecution or defense challenges the witness’s credibility.
a. Trueb. False
43. There is no Sixth Amendment right to counsel during photographic identifications.
a. Trueb. False
44. The accused must be provided with counsel during post-indictment lineups.
a. Trueb. False
45. Witnesses are prone to mistaken identification, especially in show-up situations.
a. Trueb. False
46. Suspects placed in lineups may also be required to supply voice exemplars.
a. Trueb. False
47. If a suspect refuses to participate in a lineup, he or she can be cited with contempt and the prosecutor may comment at trial about the suspect’s refusal to cooperate.
a. Trueb. False
48. Everyone in a lineup should wear different clothing in order to standout from one another.
a. Trueb. False
49. Each witness should view the lineup together so they can collaborate and make sure they have chosen the correct suspect.
a. Trueb. False