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21 Cards in this Set
- Front
- Back
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What are the four legal doctrines that are used to attack the admissibility of statements and confessions?
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1. voluntariness
2. Miranda 3. right to counsel 4. fruits of poisoness tree |
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Can police officer lie about leniency?
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yes
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Can police officer lie about whether he will be charged?
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No
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Can police officer tell defendant that his partner had already confessed?
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yes
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A coerced confession is subject to the ____ _____ ____.
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harmless error rule
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Who makes the decision about whether a statement is voluntary?
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The judge
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What are the Miranda warnings?
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1.right to remain silent
2.if chooses to speek anything said can be used against her 3.right to attorney 4.if cannot afford attorney, court will appoint one |
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Statements made in violation of Miranda may or may not be used to impeached?
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May be
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When are miranda warnings required?
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Custodial interrogation
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When is a person in custody?
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Not free to leave
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Custody is determined by the reasonable expectation of the ______.
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suspect
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When is someone subject to interrogation?
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Interrogation occurs either 1) directly thru police questioning, or
2) indirectly thru behavior the police should know is reasonably likely to illicit an incriminating response. |
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Is questioning by private security guard applicable to Miranda?
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No
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Does Miranda apply to on the scene questioning?
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No
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Does miranda apply to testimony given to IRS?
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No
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Does Miranda apply to grand jury testimony?
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No
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Does Miranda apply to jail cell questioning by undercover government employees?
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No
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Miranda was meant to protect against interrogation in
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an inherently coerced police dominated environment.
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What is the public safety exception?
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Police can ask a question to protect potential victims.
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When must interrogation cease?
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1. d requests attorney, which is viewed as assertion of 5th amendment right to counsel.
2. where d wishes to remain silent, questioning must cease. |
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When can questioning resume?
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1. where d changes her mind and volunteers, but a period of at least 2 hours is necessary.
2. |
