FLETC TEST 3 QUESTIONS AND
ANSWERS
What factors do the courts consider about the voluntariness of a suspect's
statement. - Answer-1. The suspects age
2. Level of education/intelligence
3. Known psychological problems
4. Current Physical condition
5. Level of drug/alcohol impairment
6. Familiarity of the criminal system
What circumstances does the court consider on which the statement of was made? -
Answer-1. Where the statement was take
2. How long the suspect was questioned
3. Whether breaks were taken
4. Whether the suspect was in custody or free to leave
Which five conditions must exist to trigger the protections of the self-incrimination
clause? - Answer-1. No Person
2. Compelled
3. Criminal Case
4. To be a witness
5. Against himself
What must be met for the right against self-incrimination to be triggered? - Answer-
No person... shall be compelled in any criminal case to be witness against himself.
Statue of Limitations - Answer-Means that too much time has passed since the
commission of the crime or since the government became aware of the crime, and
the government can no longer prosecute that crime.
Double Jeopardy - Answer-Clause of the Fifth Amendment prohibits the same
government (state or federal) from prosecuting an individual more than once for the
same offense.
Immunity - Answer-Form of protection from the government, allowing the
government to compel the witness to testify about matters that would otherwise be
protected by the Fifth Amendment.
Use Immunity - Answer-The government cannot use the obtained statements, or any
evidence discovered based on those statements against him in a criminal case. In
order to do so, however, the government must obtain its evidence against him from
an independent source.
Transactional Immunity - Answer-It precludes the government from prosecuting the
witness for the offense for which he is given immunity.
Act of Production Immunity - Answer-Form of use immunity
, Kalkines Warnings - Answer-Used when the government wishes to obtain voluntary
statements from a government employee about criminal conduct. Kalkines warnings
provide a form of use immunity.
Perjury - Answer-Immunity does not protect a witness from being charged with
perjury.
Testimonial Evidence - Answer-Words of gestures that communicate a suspects
thoughts or reasoning. Not protected by the Fifth Amendment. Also includes real or
physical evidence including fingerprints, voice samples and hand writing samples
Self-Incrimination - Answer-No person...shall be compelled in any criminal case to be
a witness against himself...
Prior to custodial interrogation, the suspect must be advised of? - Answer-1. He has
the right to remain silent
2. That any statement he makes may be used as evidence against him
3. That he has a right to consult with an attorney and to have the attorney present
during questioning
4. That if he cannot afford an attorney, one will be appointed to represent him prior to
questioning
When are law enforcement officers required to advise a suspect of the Miranda
warnings? - Answer-1. A known law enforcement officer
2. Has a suspect in custody
3. Conducts an interrogation
When are Miranda warnings required? - Answer-When the interrogating officer is
known by the suspect to be a law enforcement officer
When does Miranda custody occur? - Answer-When the detention is comparable to
that of an arrest
When is Miranda less likely? - Answer-If the suspect was informed he is not under
arrest, is free to leave at any time, and there was no physical restraint that would
cause a reasonable person to perceive that he was under arrest.
What does interrogation involve? - Answer-Making statements or asking
investigative types of questions that could elicit an incriminating response from a
suspect.
Requirements for a valid Miranda waiver? - Answer-1. Voluntary
2. Knowing and intelligent
Voluntary Miranda Waiver - Answer-One that is the product of free and deliberate
choice without any intimidation, coercion, or deception by the government.
Knowing and Intelligent Waiver - Answer-One made with full awareness of both the
rights being waived and the consequences of waiving them.
ANSWERS
What factors do the courts consider about the voluntariness of a suspect's
statement. - Answer-1. The suspects age
2. Level of education/intelligence
3. Known psychological problems
4. Current Physical condition
5. Level of drug/alcohol impairment
6. Familiarity of the criminal system
What circumstances does the court consider on which the statement of was made? -
Answer-1. Where the statement was take
2. How long the suspect was questioned
3. Whether breaks were taken
4. Whether the suspect was in custody or free to leave
Which five conditions must exist to trigger the protections of the self-incrimination
clause? - Answer-1. No Person
2. Compelled
3. Criminal Case
4. To be a witness
5. Against himself
What must be met for the right against self-incrimination to be triggered? - Answer-
No person... shall be compelled in any criminal case to be witness against himself.
Statue of Limitations - Answer-Means that too much time has passed since the
commission of the crime or since the government became aware of the crime, and
the government can no longer prosecute that crime.
Double Jeopardy - Answer-Clause of the Fifth Amendment prohibits the same
government (state or federal) from prosecuting an individual more than once for the
same offense.
Immunity - Answer-Form of protection from the government, allowing the
government to compel the witness to testify about matters that would otherwise be
protected by the Fifth Amendment.
Use Immunity - Answer-The government cannot use the obtained statements, or any
evidence discovered based on those statements against him in a criminal case. In
order to do so, however, the government must obtain its evidence against him from
an independent source.
Transactional Immunity - Answer-It precludes the government from prosecuting the
witness for the offense for which he is given immunity.
Act of Production Immunity - Answer-Form of use immunity
, Kalkines Warnings - Answer-Used when the government wishes to obtain voluntary
statements from a government employee about criminal conduct. Kalkines warnings
provide a form of use immunity.
Perjury - Answer-Immunity does not protect a witness from being charged with
perjury.
Testimonial Evidence - Answer-Words of gestures that communicate a suspects
thoughts or reasoning. Not protected by the Fifth Amendment. Also includes real or
physical evidence including fingerprints, voice samples and hand writing samples
Self-Incrimination - Answer-No person...shall be compelled in any criminal case to be
a witness against himself...
Prior to custodial interrogation, the suspect must be advised of? - Answer-1. He has
the right to remain silent
2. That any statement he makes may be used as evidence against him
3. That he has a right to consult with an attorney and to have the attorney present
during questioning
4. That if he cannot afford an attorney, one will be appointed to represent him prior to
questioning
When are law enforcement officers required to advise a suspect of the Miranda
warnings? - Answer-1. A known law enforcement officer
2. Has a suspect in custody
3. Conducts an interrogation
When are Miranda warnings required? - Answer-When the interrogating officer is
known by the suspect to be a law enforcement officer
When does Miranda custody occur? - Answer-When the detention is comparable to
that of an arrest
When is Miranda less likely? - Answer-If the suspect was informed he is not under
arrest, is free to leave at any time, and there was no physical restraint that would
cause a reasonable person to perceive that he was under arrest.
What does interrogation involve? - Answer-Making statements or asking
investigative types of questions that could elicit an incriminating response from a
suspect.
Requirements for a valid Miranda waiver? - Answer-1. Voluntary
2. Knowing and intelligent
Voluntary Miranda Waiver - Answer-One that is the product of free and deliberate
choice without any intimidation, coercion, or deception by the government.
Knowing and Intelligent Waiver - Answer-One made with full awareness of both the
rights being waived and the consequences of waiving them.
