NVCJA Exam 3 Questions and Answers.
inculpatory - Correct Answer that which tends to incriminate
exculpatory - Correct Answer evidence/statements which tend to clear, justify, or excuse a
person from guilt
constitutional warnings are required to be given prior to - Correct Answer custodial
interrogation
Miranda warnings must be given when - Correct Answer 1. person is in custody and
2. is going to be nterrogated
Miranda warnings - Correct Answer 1. you have a right to remain silent
2. anything you say can be used against you in court
3. you have a right to the presence of an attorney before an during questioning
4. if you cannot afford an attorney, one will be appointed for you prior to questioning
interrogation - Correct Answer direct questioning of any statements or actions by a police
officer that are reasonably likely to illicit a response from the suspect
Are spontaneous statements made by the suspect, without Miranda warnings, NOT as a
result of direct questioning admissible in court? - Correct Answer Yes
factors of voluntariness of interrogations - Correct Answer 1. length of time suspect is held
and questioned
2. number of officers involved
3. environment of the room (size, temperature, lighting)
4. age, experience, mental capacity of suspect
5. physical condition of suspect (hunger, thirst, intoxication, sleep)
6. threats
7. use of physical force
8. promises of benefit
, 9. absence/error of Miranda
10. coercion
Miranda waivers must be given - Correct Answer voluntarily, knowingly, and intelligently
Illegally obtained confessions will be - Correct Answer suppressed and inadmissible into
evidence
If a defense attorney moves to suppress a confession, the court will - Correct Answer
conduct a suppression hearing
who decides whether a confession is admissible? - Correct Answer the judge
if a confession is ruled inadmissible - Correct Answer the Commonwealth may not use it in
their case in chief
if a defendant whose confession was ruled inadmissible takes the witness stand and lies -
Correct Answer the Commonwealth can use the illegal confession to impeach their
credibility
statements ruled inadmissible due to coercion - Correct Answer cannot be used in court for
any purpose
Officers may not get informants to do what officers cannot do after - Correct Answer 6th
amendment right to counsel attaches
crime scene - Correct Answer a place where a crime has been committed and forensic
evidence may be gathered
crime scene safety and security (steps) - Correct Answer 1. officer safety
2. locate any immediate threats
3. be aware of hazardous materials
4. preserve scene
5. initial response
inculpatory - Correct Answer that which tends to incriminate
exculpatory - Correct Answer evidence/statements which tend to clear, justify, or excuse a
person from guilt
constitutional warnings are required to be given prior to - Correct Answer custodial
interrogation
Miranda warnings must be given when - Correct Answer 1. person is in custody and
2. is going to be nterrogated
Miranda warnings - Correct Answer 1. you have a right to remain silent
2. anything you say can be used against you in court
3. you have a right to the presence of an attorney before an during questioning
4. if you cannot afford an attorney, one will be appointed for you prior to questioning
interrogation - Correct Answer direct questioning of any statements or actions by a police
officer that are reasonably likely to illicit a response from the suspect
Are spontaneous statements made by the suspect, without Miranda warnings, NOT as a
result of direct questioning admissible in court? - Correct Answer Yes
factors of voluntariness of interrogations - Correct Answer 1. length of time suspect is held
and questioned
2. number of officers involved
3. environment of the room (size, temperature, lighting)
4. age, experience, mental capacity of suspect
5. physical condition of suspect (hunger, thirst, intoxication, sleep)
6. threats
7. use of physical force
8. promises of benefit
, 9. absence/error of Miranda
10. coercion
Miranda waivers must be given - Correct Answer voluntarily, knowingly, and intelligently
Illegally obtained confessions will be - Correct Answer suppressed and inadmissible into
evidence
If a defense attorney moves to suppress a confession, the court will - Correct Answer
conduct a suppression hearing
who decides whether a confession is admissible? - Correct Answer the judge
if a confession is ruled inadmissible - Correct Answer the Commonwealth may not use it in
their case in chief
if a defendant whose confession was ruled inadmissible takes the witness stand and lies -
Correct Answer the Commonwealth can use the illegal confession to impeach their
credibility
statements ruled inadmissible due to coercion - Correct Answer cannot be used in court for
any purpose
Officers may not get informants to do what officers cannot do after - Correct Answer 6th
amendment right to counsel attaches
crime scene - Correct Answer a place where a crime has been committed and forensic
evidence may be gathered
crime scene safety and security (steps) - Correct Answer 1. officer safety
2. locate any immediate threats
3. be aware of hazardous materials
4. preserve scene
5. initial response
