ILEA 235 CRIM LAW EXAM 2 QUESTIONS WITH CORRECT ANSWERS
What does the 5th Amendment protect? - Answers Self incrimination, double jeopardy, due
process
When must you provide Miranda warnings? - Answers Custodial interrogation
When is someone considered in custody? - Answers Taken into custody
Arrested
Handcuffs
deprived of freedom of action in any significant way
What is considered interrogation? - Answers Direct questioning, pointed questioning, persistent
questioning
Also remember: words/actions by the police known to likely elicit an incriminating response
(excessively coercive)
What are the Miranda warnings? - Answers Right to remain silent
right to counsel
right to appointed counsel
any statements made can and will be used against you in court
REMEMBER- cannot lie about the law!
What are the different ways Miranda can be waived? - Answers verbally, written/explicit waiver,
implicit/implied waiver
What is required for Miranda to be waived? - Answers Knowing, intelligent, voluntary
"Do you understand these rights?"
What is required for Miranda rights to be INVOKED? - Answers Unambiguous and clear/
unequivocal
What happens when someone invokes their Miranda rights? - Answers Officer must stop
questioning and CANNOT reinitiate conversation
Cannot trick them into reinitiating conversation
What must happen for police and a suspect to begin talking again after Miranda rights have
been invoked? - Answers Suspect must open communication back up with a question or
statement designed to continue the conversation about the case
, What is the 14 day rules regarding Miranda? - Answers rule that allows an officer to try again
(reinitiate conversation, read Miranda warning again, and see if he will agree to talk now) once a
suspect has asked for a lawyer WHEN THE SUSPECT IS OUT OF CUSTODY on the case that you
are asking him about
What is the New Crime Exception? - Answers if the un-Mirandized statement IS ITSELF A NEW
CRIME, the statement can COME IN FOR THE NEW CRIME ONLY (but is still excluded from the
case that the police were interrogating the in-custody suspect about)
T/F: You can lie to juveniles during questioning - Answers False, there is NO instance where you
can lie to juveniles
What is required for a juvenile's rights to be waived? - Answers Knowing, voluntary by BOTH
juvenile and custodial parent/ or attorney
everyone is first informed of the Miranda warnings
Everyone is informed of topic of the conversation
Then meaningful consultation must occur
What is required for meaningful consultation - Answers in a private location to discuss rights
free from police presence
What is Indiana Rule of Evidence 617? - Answers Recordings of statements-
felony crimes only
custodial interrogation
conducted in place of detention
must be audio and video recorded
What does the 6th Amendment protect? - Answers right to speedy and public trial
impartial jury
notice of accusation
confrontation of witnesses
ability to subpoena witnesses
assistance of counsel in defense
When does the 6th amend apply? - Answers POST indictment, does not apply to any uncharged
crimes
What does the 5th Amendment protect? - Answers Self incrimination, double jeopardy, due
process
When must you provide Miranda warnings? - Answers Custodial interrogation
When is someone considered in custody? - Answers Taken into custody
Arrested
Handcuffs
deprived of freedom of action in any significant way
What is considered interrogation? - Answers Direct questioning, pointed questioning, persistent
questioning
Also remember: words/actions by the police known to likely elicit an incriminating response
(excessively coercive)
What are the Miranda warnings? - Answers Right to remain silent
right to counsel
right to appointed counsel
any statements made can and will be used against you in court
REMEMBER- cannot lie about the law!
What are the different ways Miranda can be waived? - Answers verbally, written/explicit waiver,
implicit/implied waiver
What is required for Miranda to be waived? - Answers Knowing, intelligent, voluntary
"Do you understand these rights?"
What is required for Miranda rights to be INVOKED? - Answers Unambiguous and clear/
unequivocal
What happens when someone invokes their Miranda rights? - Answers Officer must stop
questioning and CANNOT reinitiate conversation
Cannot trick them into reinitiating conversation
What must happen for police and a suspect to begin talking again after Miranda rights have
been invoked? - Answers Suspect must open communication back up with a question or
statement designed to continue the conversation about the case
, What is the 14 day rules regarding Miranda? - Answers rule that allows an officer to try again
(reinitiate conversation, read Miranda warning again, and see if he will agree to talk now) once a
suspect has asked for a lawyer WHEN THE SUSPECT IS OUT OF CUSTODY on the case that you
are asking him about
What is the New Crime Exception? - Answers if the un-Mirandized statement IS ITSELF A NEW
CRIME, the statement can COME IN FOR THE NEW CRIME ONLY (but is still excluded from the
case that the police were interrogating the in-custody suspect about)
T/F: You can lie to juveniles during questioning - Answers False, there is NO instance where you
can lie to juveniles
What is required for a juvenile's rights to be waived? - Answers Knowing, voluntary by BOTH
juvenile and custodial parent/ or attorney
everyone is first informed of the Miranda warnings
Everyone is informed of topic of the conversation
Then meaningful consultation must occur
What is required for meaningful consultation - Answers in a private location to discuss rights
free from police presence
What is Indiana Rule of Evidence 617? - Answers Recordings of statements-
felony crimes only
custodial interrogation
conducted in place of detention
must be audio and video recorded
What does the 6th Amendment protect? - Answers right to speedy and public trial
impartial jury
notice of accusation
confrontation of witnesses
ability to subpoena witnesses
assistance of counsel in defense
When does the 6th amend apply? - Answers POST indictment, does not apply to any uncharged
crimes
