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Exam 11: Confessions and Admissions: Miranda V Arizona

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Question 31

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Miranda v.Arizona is based on protections guaranteed by which of the following amendments?

A) The Fifth Amendment
B) The Sixth Amendment
C) The Seventh Amendment
D) The Eighth Amendment

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Question 32

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When police ask incriminating questions,it is considered ________.

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Question 33

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What is harmless error on appeal? Give an example of its application in Miranda cases.

Miranda v.Arizona is based on the Fifth Amendment right to protection against ________

Discuss one of the following cases: Edwards v.Arizona (1981),or Arizona v.Roberson (1988),or Minnick v.Mississippi (1991).Is the case selected consistent with Miranda? Has the law as represented in this case evolved to benefit defendants rather than the government?

A confession is when a person says he or she committed the act.

Miranda does not apply to________ statements or confessions made to persons.

Compare and contrast U.S.v.Henry (1980)with Illinois v.Perkins (1990).Take a stance on each of these two positions,and explain your reasons.Can these two decisions be reconciled,or do you believe that they are too contradictory in nature for this to be possible?

Miranda warnings are required during police custodial interrogation.How is "custody" defined for Miranda purposes? Give two examples of interrogation situations where custody would exist,and two where it would not.

What is the standard for admissibility under Miranda? How do these three questions incorporate the concept of voluntariness?

Miranda has drawn a "bright line" rule for the admissibility of confessions by making them automatically inadmissible unless,prior to questioning,the suspect

A waiver is an unintentional relinquishment of a known right or remedy.

A(n)________is when a person says he or she committed the act.

When police ask incriminating questions,it is considered ________.

Ahmed's original statement,which is inadmissible in court,can still be used for which of the following purposes?

The Fifth Amendment is violated when a suspect requests a lawyer,is given an opportunity to confer with the lawyer,and then is forced to talk to the police without the lawyer being present.

Undercover law enforcement officer Davis obtained a statement from Ahmed,with no Miranda warnings.This statement is

Trustworthy and voluntary statements taken in violation of Miranda may be used to as long as the jury is properly instructed on the use of this evidence.

Miranda rights may only be waived knowingly and intelligently.

Police may still use the evidence obtained from an unwarned but