FLETC UPTP EXAM 2 UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
COMPLETE STUDY GUIDE
◉ Admission
Answer: 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
Answer: 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
Answer: : 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
,Answer: totality of the facts and circumstances: suspects
Characteristics, Circumstances, officers Conduct
◉ Voluntariness suspect characteristics
Answer: 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
Answer: coercive (violence or threats of violence, threats, false
promises), administer drugs, expliot a mental issue
◉ examples of non-coercive tactics
Answer: 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
Answer: 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
Answer: communicates facts or discloses information from a
person's own mind
spoken words, written words, gestures, or actions
◉ examples of non-testimonial evidence
Answer: fingerprints, hand writting, voice samples, blood samples,
sobriety test
◉ when is the 5th privilege against self incrimination applicable
Answer: when communication is compelled by the government, is
testimonial, AND incriminating
◉ Voluntariness Circumstances
Answer: § : 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
QUESTIONS AND CORRECT ANSWERS
COMPLETE STUDY GUIDE
◉ Admission
Answer: 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
Answer: 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
Answer: : 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
,Answer: totality of the facts and circumstances: suspects
Characteristics, Circumstances, officers Conduct
◉ Voluntariness suspect characteristics
Answer: 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
Answer: coercive (violence or threats of violence, threats, false
promises), administer drugs, expliot a mental issue
◉ examples of non-coercive tactics
Answer: 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
Answer: 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
Answer: communicates facts or discloses information from a
person's own mind
spoken words, written words, gestures, or actions
◉ examples of non-testimonial evidence
Answer: fingerprints, hand writting, voice samples, blood samples,
sobriety test
◉ when is the 5th privilege against self incrimination applicable
Answer: when communication is compelled by the government, is
testimonial, AND incriminating
◉ Voluntariness Circumstances
Answer: § : 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
