1
FLETC EXAM 2 QUESTIONS AND CORRECT ANSWERS
2024/2025 GRADED A+.
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
, 2
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
, 3
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
FLETC EXAM 2 QUESTIONS AND CORRECT ANSWERS
2024/2025 GRADED A+.
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
, 2
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
, 3
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
