FLETC Exam 2 Questions and Answers Latest Update 2025 Already Passed
Confession - Answers acknowledgement of guilt
Admission - Answers o incriminating statement falling short of a confession (does not involve entire
crime)
o Can be explicit (nod head in agreeance) or implicit (she had it coming)
"Person" in terms of the 5th - Answers o human being (corporation/business does not apply under 5th)
triggered if the gov compels a confession or admission that is testimonial and incriminating
"Shall be compelled" in terms of the 5th - Answers : must be voluntary, product of suspect's free choice,
free will cannot be overborne by gov conduct: threats, violence, false promises
o truthfulness of confession or admission is not the issue
what do courts look at to determine if statement is voluntary - Answers totality of the facts and
circumstances: suspects Characteristics, Circumstances, officers Conduct
Voluntariness suspect characteristics - Answers age, education, intelligence (ability to understand
right/wrong, what is going on, understand charge against them), known psychological issues, physical
condition/health, drug/alcohol impairment, familiarity with legal system, understand english
Voluntariness of officer conduct - Answers coercive (violence or threats of violence, threats, false
promises), administer drugs, expliot a mental issue
examples of non-coercive tactics - Answers promise to advise prosecutor of suspect's cooperation,
confronting suspect with evidence of guilt, emotional appeals, deception/trickery (lie about matching
DNA, witness), truthfully inform of legal predicament
"In any criminal case" as it relates to the 5th - Answers if the statement could be used to prosecute, the
privileges applies even ifo Prosecution is not imminent or likely
o Person is not suspect at the time of the statement
o Applies if the person is testifying in: another criminal trial, civil trial, deposition, or administrative
hearing
testimonial evidence - Answers communicates facts or discloses information from a person's own mind
spoken words, written words, gestures, or actions
examples of non-testimonial evidence - Answers fingerprints, hand writting, voice samples, blood
samples, sobriety test
, when is the 5th privilege against self incrimination applicable - Answers when communication is
compelled by the government, is testimonial, AND incriminating
Voluntariness Circumstances - Answers § : where was the statement made (in home v in cuffs at
station), length of questioning, were breaks offered or taken, was suspect in custody or free to leave,
excessive heat or cold
statements can be voluntary if suspect is in custody or under arrest
what is considered incriminating - Answers information that contains reasonable fear that it could be
used to convict the person of crime, furnish a link in the chain of evidence needed in a prosecution, lead
to incriminating evidence, or identify sources of possible incriminating evidence
examples of when a person does not have Privilege under the 5th because statements cannot be used
to prosecute - Answers statute of limitations has expired, double jeopardy, immunity
in what circumstances does Privilege not afford protection to a communicator - Answers incriminating
someone other than themselves, exposing themselves to civil liability, deportation, or adverse
admin/financial consequence, exposing subject or someone else to physical danger/unpleasant
circumstances, prosecution for crime in another country
three types of immunity - Answers use/statutory, transactional, act of production
"to be a witness" in terms of the 5th - Answers deals with testimonial evidence only (spoken or written
words, gestures) anything that communicates facts of info from the suspect's mind
"against himself" in terms of the 5th - Answers cannot be asserted to protect someone else,
witness to a crime with no criminal liability no P
production of business or tax records in possession of third party - no P
privilege against compelled self-incrimination may be asserted in what kinds of proceedings - Answers ·
criminal trial
o Civil trial
o Grandy jury
o Non-trial hearings
o Admin hearing
Confession - Answers acknowledgement of guilt
Admission - Answers o incriminating statement falling short of a confession (does not involve entire
crime)
o Can be explicit (nod head in agreeance) or implicit (she had it coming)
"Person" in terms of the 5th - Answers o human being (corporation/business does not apply under 5th)
triggered if the gov compels a confession or admission that is testimonial and incriminating
"Shall be compelled" in terms of the 5th - Answers : must be voluntary, product of suspect's free choice,
free will cannot be overborne by gov conduct: threats, violence, false promises
o truthfulness of confession or admission is not the issue
what do courts look at to determine if statement is voluntary - Answers totality of the facts and
circumstances: suspects Characteristics, Circumstances, officers Conduct
Voluntariness suspect characteristics - Answers age, education, intelligence (ability to understand
right/wrong, what is going on, understand charge against them), known psychological issues, physical
condition/health, drug/alcohol impairment, familiarity with legal system, understand english
Voluntariness of officer conduct - Answers coercive (violence or threats of violence, threats, false
promises), administer drugs, expliot a mental issue
examples of non-coercive tactics - Answers promise to advise prosecutor of suspect's cooperation,
confronting suspect with evidence of guilt, emotional appeals, deception/trickery (lie about matching
DNA, witness), truthfully inform of legal predicament
"In any criminal case" as it relates to the 5th - Answers if the statement could be used to prosecute, the
privileges applies even ifo Prosecution is not imminent or likely
o Person is not suspect at the time of the statement
o Applies if the person is testifying in: another criminal trial, civil trial, deposition, or administrative
hearing
testimonial evidence - Answers communicates facts or discloses information from a person's own mind
spoken words, written words, gestures, or actions
examples of non-testimonial evidence - Answers fingerprints, hand writting, voice samples, blood
samples, sobriety test
, when is the 5th privilege against self incrimination applicable - Answers when communication is
compelled by the government, is testimonial, AND incriminating
Voluntariness Circumstances - Answers § : where was the statement made (in home v in cuffs at
station), length of questioning, were breaks offered or taken, was suspect in custody or free to leave,
excessive heat or cold
statements can be voluntary if suspect is in custody or under arrest
what is considered incriminating - Answers information that contains reasonable fear that it could be
used to convict the person of crime, furnish a link in the chain of evidence needed in a prosecution, lead
to incriminating evidence, or identify sources of possible incriminating evidence
examples of when a person does not have Privilege under the 5th because statements cannot be used
to prosecute - Answers statute of limitations has expired, double jeopardy, immunity
in what circumstances does Privilege not afford protection to a communicator - Answers incriminating
someone other than themselves, exposing themselves to civil liability, deportation, or adverse
admin/financial consequence, exposing subject or someone else to physical danger/unpleasant
circumstances, prosecution for crime in another country
three types of immunity - Answers use/statutory, transactional, act of production
"to be a witness" in terms of the 5th - Answers deals with testimonial evidence only (spoken or written
words, gestures) anything that communicates facts of info from the suspect's mind
"against himself" in terms of the 5th - Answers cannot be asserted to protect someone else,
witness to a crime with no criminal liability no P
production of business or tax records in possession of third party - no P
privilege against compelled self-incrimination may be asserted in what kinds of proceedings - Answers ·
criminal trial
o Civil trial
o Grandy jury
o Non-trial hearings
o Admin hearing
