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Terms in this set (120)SCOTUS has relied on three provisions in the U.S. Constitution to develop rules to control police interrogation and confessions: the Fourteenth Amendment due process clause, the Sixth Amendment right-to-counsel clause, and: the Fifth Amendment self-incrimination clause
What rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life? reliability The right to remain silent can be traced back in history to the laws of Moses embodied in the Talmudic law. In Miranda v. Arizona (1966), a bare 5 to 4 SCOTUS majority created a "bright-line" rule to govern what? custodial interrogations Which of the following types of detention qualifies as being in custody? handcuffing suspects and placing them in the backseat of a police car In custodial interrogation, suspects are held against their will. true Which type of evidence is protected by the Fifth Amendment? testimonial statements The Fourteenth Amendment due process clause is applicable at which stage(s) of the criminal process? at all stages of the criminal process The right-to-counsel approach to confessions has never been accepted by a SCOTUS majority. false Researchers have found that law enforcement officers are better at judging videotaped confession interviews than are college students. false In Colorado v. Connelly (1986), SCOTUS considered the case of a mentally ill man who approached an officer on the street and confessed he had murdered a young woman. The Court determined that the man's confession: was voluntary, because it was not compelled The origin of the right to remain silent is tied to what common-law rule? confessions have to be voluntary Which of the following cases concerned whether a confession was voluntary or not? Colorado v. Connelly Which of the following is one of the types of false confessions discussed in the text? internalized false confessions Which of the following is not one of the reforms aimed at reducing the false confession problem? limit the Miranda warning According to SCOTUS's decision in Miranda v. Arizona, custodial interrogation is inherently coercive. true The self-incrimination approach applied the Fourth Amendment to custodial interrogation. false SCOTUS intended Miranda warnings to provide a bright-line rule to prevent police coercion, while still allowing what? police pressure Which of the following represents a reform aimed at reducing the false confession problem? all of these are reforms aimed at reducing the false confessions problem SCOTUS's use of the Fifth Amendment privilege against the self-incrimination approach in reviewing state confession cases began with: Miranda v. Arizona. According to what rationale do forced confessions violate due process, even if they're true? the accusatory system rationale What rationale states that involuntary confessions aren't just unreliable and contrary to the accusatory system of justice, they're also coerced if they're not "the product of a rational intellect and a free will" (307)? the free will rationale In Miranda v. Arizona (1966), SCOTUS held that police officers violated Ernesto Miranda's Fifth Amendment right against self-incrimination during Miranda's custodial interrogation. true According to SCOTUS's decision in Miranda v. Arizona, the waiver of Miranda rights may be presumed, either by silence following warnings or from an eventual confession. false Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because: of the fundamental attribution error In what case did SCOTUS hold that criminal suspects who want to protect their right to remain silent have to speak up and unambiguously invoke it? Berghuis v. Thompkins In the SCOTUS case Brown v. Mississippi (1936), involving the beating and torture of three black suspects to obtain a confession, what were the findings of the Court? SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced confessions were not admissible as evidence.
Some interrogation tactics may result in innocent suspects believing they committed a crime. true Incriminating statements fall short of full confessions. true In Colorado v. Connelly (1986), SCOTUS ruled that Connelly's confession was voluntary, even though his serious mental illness led him to believe that God ordered him to "confess or commit suicide." true In order to exclude identification evidence on due process grounds, defendants must prove that the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification: by a preponderance of evidence Research shows that jurors: tend to overestimate the accuracy of a witness's lineup identification. What type of lineup reduces the power of suggestion and reduces the possibility that the witness will pick the person who most resembles the perpetrator? sequential In a show-up, witnesses try to pick the suspect out of a group of individuals.
false Researchers recommend that officials present members of a lineup to the witness one at a time. Suggestion is particularly powerful during the retention phase of memory. true Forensic science produces some of the most powerful evidence imaginable. true Researchers have demonstrated that being of another race when identifying strangers: substantially increases the risk of mistaken identification. One of the reforms suggested to improve eyewitness identification is to present the suspect and the fillers in a lineup simultaneously. false What occurs when eyewitnesses are shown persons or objects and asked whether they are involved in the crime? recognition In Melendez-Diaz v. Massachusetts (2009), SCOTUS decided that the Sixth Amendment guarantees defendants what right? the right to cross-examine forensic lab technicians Many legal commentators suggest that one way to reform identification procedures would be to: loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification. SCOTUS has ruled that there is a constitutional right of access to forensic evidence. false In District Attorney's Office for the Third Judicial District v. Osborne (2009), SCOTUS involved prisoner Osborne's post-conviction request to compel officials to release biological evidence so it could be submitted to DNA testing. What was the finding of the Court? there is no right under the U.S. Constitution of access to forensic evidence. In State v. Long (1986), the Court ruled that trial courts have to give jurors what type of instruction, explaining the weaknesses of eyewitness identification evidence? cautionary Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments: cause the witness to have greater confidence in the accuracy of the identification. Scientists agree that DNA technology can distinguish between any two individuals, other than identical twins. Eyewitness identification of strangers is low in reliability, even in the most ideal settings. true What is one of the reasons that psychologists are skeptical of eyewitness retrospective self-reports? the social desirability of the responses Failure to recall a detail about a crime or to recognize the perpetrator is considered an error of omission The case of Manson v. Braithwaite (1977) addressed issues related to what type of eyewitness identification? show-ups What type of judgment occurs when a witness selects the person in a lineup who looks most like the culprit, believing the offender has to be in the lineup? relative Which of the following is not one of the five factors in the "totality of circumstances" that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification? witness age at the time of the crime Suggestive lineups: do not lead to automatic exclusion of the resulting identification. Research has consistently found that lineup fillers who don't fit the witness's previous description of the culprit: increase the chances significantly that the witness will identify the wrong person. What SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show-up before indictment? Stovall v. Denno Best guesses indicate that eyewitness misidentifications account for what percentage of wrongful convictions of persons eventually exonerated by DNA? 75 percent Eyewitness identifications are almost always rejected by the courts. false In Perry v. New Hampshire (2012), SCOTUS ruled that the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police. In what case did SCOTUS decide that defendants have no constitutional right of access to forensic evidence? District Attorney's Office for the Third Judicial District v. Osborne What is another term used to describe probative evidence, or evidence that proves (or helps to prove) that defendants committed the crimes with which they are charged? good evidence What exception allows the use of illegally obtained evidence in nontrial proceedings? the collateral use exception According to empirical research, what type of crime is virtually unaffected by the exclusionary rule? both violent crime and serious property crime The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was: Mapp v. Ohio. The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement conduct is called the deterrence justification. true Searches and seizures make up the great bulk of suppression cases. true What rule is a protective procedure against violations of constitutional rights? a prophylactic rule What is the part of a trial in which the government presents its evidence to prove the defendant's guilt? the case-in-chief In what case did the SCOTUS adopt the controversial good-faith exception to the exclusionary rule? U.S. v. Leon SCOTUS has ruled that the exclusionary rule does not apply to collateral proceedings. The fruit of the poisonous tree doctrine refers to: the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity In what case did SCOTUS hold that, if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant, evidence obtained during a search incident to the unlawful arrest is admissible in court? Herring v. U.S. Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a small portion of cases. true Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally. true What was the first case to hold that unreasonable searches and seizures by state police violate defendants' due process rights? Wolf v. Colorado What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS's commitment to the balancing test? good-faith exception What exception to the exclusionary rule says that, even if officers break the law, unless their lawbreaking causes the seizure of evidence, the evidence is admissible in court? the inevitable discovery exception Which doctrine holds that illegally seized evidence can be introduced at trial, if the poisonous connection between the illegal police actions and the evidence weakens sufficiently? the attenuation exception The ethical exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough. false How often does evidence seized illegally result in dismissals in criminal trials? rarely In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violation of the exclusionary rule, even if officers have a valid warrant to search a home. false The exclusionary rule applies to all of the following, except: cross-examination of the defendant. U.S. v. Leon (1984) created the: good-faith exception. Initially, the exclusionary rule only applied to which of the following? federal law enforcement officer The good-faith exception is what type of standard? objective Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials' law-breaking behavior did not cause the seizure of the evidence? independent source exception Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials would have found the evidence anyway? the inevitable discovery exception The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants' testimony. true The exclusionary rule bans illegally obtained evidence from what part of a criminal trial? the case-in-chief Which justification for the exclusionary rule prevents officers from breaking the law? judicial integrity The defense of vicarious official immunity means that police departments and local governments can claim the official immunity of their employees. true Heightening the possibility of a successful Bivens action requires the plaintiff to prove that an officer was acting under the color of the law, and that the officer: deprived the person of a constitutional right. The first U.S. _______________ case was DeShaney v. Winnebago County Department of Social Services (1989). duty-to-protect A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity. false Research indicates that: civilian review procedures rarely sustain citizens' complaints about the police. Which of the following is statistically the single greatest cause of injury to women in America? domestic violence According to the defense of official immunity, an officer is personally liable: for any willful or malicious misconduct The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under: the Federal Tort Claims Act External civilian review results in more charges against police officers being sustained than internal review. false Prosecutors enjoy different types of immunity, depending on the type of action they are engaged in at the time of the misconduct. What is this type of immunity called? functional immunity Research about the effectiveness of civilian review boards shows that: it is difficult to measure their effectiveness. The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights. false The Federal Tort Claims Act: waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers The major objection to internal review of police misconduct is that: the police should not be policing themselves Police officers and government agencies cannot be sued for failing to stop private people from inflicting injuries on others. This is known as the: no-affirmative-duty-to-protect rule. SCOTUS has put which of the following limitations on § 1983 actions? They can only be brought for deliberate acts. Most police believe that internal affairs units are necessary. true In order to win a § 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when the officer engaged in the behavior that is the subject of the suit. true The most common mechanism for holding police officers accountable for their misconduct is: administrative review and discipline. Internal review consists of four consecutive stages: intake, investigation, deliberation, and: disposition Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their employees' torts, if the employees committed the torts during the course of their employment. true What must the prosecution prove to charge police officers with a crime? criminal intent Under the state-created-danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable under § 1983 if the officer's actions created a special danger to the general public. false What kind of immunity do judges have from civil lawsuits for actions they take while performing their official judicial duties? absolute immunity According to the defense of _______________, individual officers can't be held personally liable for their official actions if the actions meet the test of objective legal reasonableness. qualified immunity Bivens actions are: constitutional tort actions against federal officers. According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire: the due process clause does not require government actors to affirmatively protect life. Most officers' misconduct might also be a crime true Internal review of police misconduct involves review by special officers in the department. In Town of Castle Rock v. Gonzalez (2005), the Court ruled that individuals have a constitutional right to have restraining orders enforced. false Students also viewedJUST 4640: CH 9 - Identification Procedures (Asses…40 terms ajwisner1 CJ 422 Chapter 1150 terms Maggieep16 JUST 4640: CH 10 - Remedies for Constitutional Vio…49 terms ajwisner1 CJ422 Chapter 846 terms Maggieep16 Sets found in the same foldercj50 terms mprobin CRJS-475 Exam II (ch. 6,-11)175 terms Emsmith2990 Criminal Procedure Test 169 terms Gghill15 Constitutional Crim Procedure 1363 terms Leah_Schillaci Other sets by this creatorRBT exam9 terms Mallory_Buss Ed535T256 terms Mallory_Buss ED535 T158 terms Mallory_Buss PY44434 terms Mallory_Buss Other Quizlet setsLegal Environment of Business - Final Exam - Unit 450 terms andrea77741 NCCT infection control and safety questions53 terms joanna_poon3 Marketing Test 2 pt.1101 terms Lily_Hill1 inglese 15-2121 terms jessica_schillaci Which case made the exclusionary rule applicable to the states quizlet?Weeks v. United States marked the creation of the exclusionary rule, which originally stated that evidence obtained in violation of the Fourth Amendment's protection against unreasonable search and seizure could not be used against a person in federal court.
When did the exclusionary rule become applicable to the states?Then, in 1961, the U.S. Supreme Court made the exclusionary rule applicable to the states with its decision in Mapp v. Ohio.
Which of the following is an exception to the exclusionary rule?Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."
What does the exclusionary rule prevent quizlet?The Exclusionary Rule, which prohibits the use of evidence obtained as a result of unreasonable search and seizure, is applicable to state criminal proceedings.
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Initially the exclusionary rule only applied to which of the following Quizlet
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