Con Law Test 3

Front 1

What are five ways for a confession to be excluded

Back 1

1. No Miranda rights were given

2. Not freely given

3. Fruit of the poisonous

4. Unreasonable delay between arrest in arrangement

5. Interrogation after charges have been filed

Front 2

What will the courts look at when looking at interrogations

Back 2

Length, intensity, if there was any food or sleep, intimidating.

Front 3

Factors relevant to determining voluntariness

Back 3

1. Pressure exerted by the police

2. The suspects degree of suspect bility

3. The conditions under which the interrogation took place

Front 4

Susceptibility of the suspect

Back 4

Back ground, education, intellect, prior experience with the criminal justice system, physical and mental conditions.

Front 5

Attenuation if a subsequent statement after unlawful police action. Courts will loik at what?

Back 5

Length of time between the violation and the confession

The presence of interfering circumstances

Purpose of the violation

Front 6

In custody interrogation police must do what?

Back 6

Warn the suspect of his / her Fifth Amendment rights

1. Right to remain silent

2. Anything they say could be used against them in court of law

3. He has to right to the presence of an attorney

4. An attorney will be appointed if they could not afford one

Front 7

What are some factors the courts will look at to determine custody

Back 7

Prolonged questioning

Isolated surroundings

Display of weapons

Hostile demeanor

Physical touching

Front 8

When is Miranda not required

Back 8

When the suspect is not aware that the interrogator is a LEO

A traffic stop or Terry stop

Booking questions

No investigative questioning

Front 9

At any time before or during the interrogation the suspect makes a clear and ambiguous request for an attorney. What must happen? And only reusme if

Back 9

Question must stops immediately

The suspect reinitiates dialog

There's a pretty close to be lasting 14 days

Front 10

When must Miranda warnings be read?

Back 10

Anytime an officer has custody and interrogation

Each time a subsequent custodial interrogation is initiated

Front 11

What are the two levels of protection pertaining to the Fifth Amendment

Back 11

Right to remain silent and the privilege not to answer self-incriminating questions

Front 12

Requirements necessary to invoke fifth amendment protection

Back 12

Testimony, compulsion, self-incrimination

Front 13

What is immunity and who can give it?

Back 13

Immunity is granted by the government which in essence gives a pass to certain people to get evidence against another. Immunity has to be given by the prosecutor and approved by the judge

Front 14

Fourth amendment protection against bodoly self-incrimination has 3 inerests. What are they?

Back 14

bodily privacy, bodily integrity, freedom of movement.

Front 15

True or false, if police obtain the evidence and in doing so violate a person's 4th amendment rights the evidence collected will be surpressed

Back 15

True

Front 16

What is the 6th Amendment

Back 16

Right to have the assistance of counsel for their defense

Front 17

What happened in the Gideon trial

Back 17

Gideon was not allowed the right to an attorney based on his crime.

Front 18

What are the six pre-trial events

Back 18

Initial appearance

preliminary hearing

bail hearings

Arrangements

interrogations

Lineups

Front 19

What are the two pretrial proceedings

Back 19

Sentencing

First appeal of conviction or sentence

Front 20

How does the sixth amendment affects

Back 20

Please must administer Miranda type warnings and please may not improperly interfere with the authority client relationship

Front 21

What are 3 pretrial identification procedures

Back 21

Photo arrays

show up

lineups

Hint 21

Like photo.

Front 22

What will courts look like in pretrial identification

Back 22

Food courts will look at if the police used an unnecessarily suggestive identification procedure.