VA LETC Confessional Law UPDATED
ACTUAL Exam Questions and CORECT
Answers
What is the Self Incrimination Clause? - CORRECT ANSWER - A defendant shall not be
compelled to be a witness against themself
What does the Self Incriminating clause apply to? - CORRECT ANSWER - Testimonial
evidence such as communicative and INVOLUNTARY confessions
What does the self incriminating clause not apply to? - CORRECT ANSWER - Non-
testimonial evidence such as handwriting, fingerprints, blood, saliva, and lastly confessions made
of one's free will
How will courts determine the voluntariness of a confession? - CORRECT ANSWER - By
considering if there was state action
Who carries the burden to provide proof of a voluntary confession? - CORRECT
ANSWER - The government
When does a suspect have the right to counsel? - CORRECT ANSWER - During the
investigatory phase
True or False: The right to counsel may NOT arise before an arrest. - CORRECT
ANSWER - False, it MAY arise
When does the right to counsel apply? - CORRECT ANSWER - For all crimes where a
potential defendant is suspected throughout the entire investigatory process
, When does the right to counsel not apply? - CORRECT ANSWER - 1. Police showing
photos
2 Taking blood, handwritingc or fingerprint samples
3. Pre-charge line-ups
True or False: Only Federal government must afford a suspect their due process rights. -
CORRECT ANSWER - False both Federal AND State must afford all due proces rights
The government has what type of duty to inform a suspect of their rights? - CORRECT
ANSWER - Constitutional duty
When must the government/state actors (i.e. police) provide Miranda warnings? - CORRECT
ANSWER - During the CUSTODIAL INTERROGATION
What is custody? - CORRECT ANSWER - A suspect's freedom of movement is restrained
in a significant way and in any situation a reasonable person would not feel free to leave
What is a custodial interrogation? - CORRECT ANSWER - Questioning of a suspect by
police in order to gather info that may incriminate that person
True or False: Miranda warnings are NOT required before spontaneous (Freudian Slips)
statements. - CORRECT ANSWER - True
When a suspect invokes their Miranda rights they must be what? - CORRECT ANSWER -
Unambiguous (clearly stated)
True or False: A suspects silence CAN invoke their Miranda rights. - CORRECT
ANSWER - False
ACTUAL Exam Questions and CORECT
Answers
What is the Self Incrimination Clause? - CORRECT ANSWER - A defendant shall not be
compelled to be a witness against themself
What does the Self Incriminating clause apply to? - CORRECT ANSWER - Testimonial
evidence such as communicative and INVOLUNTARY confessions
What does the self incriminating clause not apply to? - CORRECT ANSWER - Non-
testimonial evidence such as handwriting, fingerprints, blood, saliva, and lastly confessions made
of one's free will
How will courts determine the voluntariness of a confession? - CORRECT ANSWER - By
considering if there was state action
Who carries the burden to provide proof of a voluntary confession? - CORRECT
ANSWER - The government
When does a suspect have the right to counsel? - CORRECT ANSWER - During the
investigatory phase
True or False: The right to counsel may NOT arise before an arrest. - CORRECT
ANSWER - False, it MAY arise
When does the right to counsel apply? - CORRECT ANSWER - For all crimes where a
potential defendant is suspected throughout the entire investigatory process
, When does the right to counsel not apply? - CORRECT ANSWER - 1. Police showing
photos
2 Taking blood, handwritingc or fingerprint samples
3. Pre-charge line-ups
True or False: Only Federal government must afford a suspect their due process rights. -
CORRECT ANSWER - False both Federal AND State must afford all due proces rights
The government has what type of duty to inform a suspect of their rights? - CORRECT
ANSWER - Constitutional duty
When must the government/state actors (i.e. police) provide Miranda warnings? - CORRECT
ANSWER - During the CUSTODIAL INTERROGATION
What is custody? - CORRECT ANSWER - A suspect's freedom of movement is restrained
in a significant way and in any situation a reasonable person would not feel free to leave
What is a custodial interrogation? - CORRECT ANSWER - Questioning of a suspect by
police in order to gather info that may incriminate that person
True or False: Miranda warnings are NOT required before spontaneous (Freudian Slips)
statements. - CORRECT ANSWER - True
When a suspect invokes their Miranda rights they must be what? - CORRECT ANSWER -
Unambiguous (clearly stated)
True or False: A suspects silence CAN invoke their Miranda rights. - CORRECT
ANSWER - False
