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Chapter 12 Test

Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
 

 1. 

The Fifth Amendment provides the defendant with
a.
a free attorney if he or she cannot afford one.
b.
the right to remain silent.
c.
a speedy trial.
d.
all of the above
 

 2. 

Statements made by a defendant in custody before he or she has been given the Miranda warnings
a.
are admissible if the State can prove the defendant had a prior arrest record and therefore did not need the warnings.
b.
are admissible at trial if the defendant’s statement can be corroborated by other evidence.
c.
are admissible at trial if the defendant repeats them after police give the warnings.
d.
make the arrest invalid.
 

 3. 

Which of the following statements about the Miranda warnings is true?
a.
There are no exceptions to the Miranda rule.
b.
The Court does not limit the impact of the Miranda rule.
c.
Failure to give Miranda warnings does not affect the validity of an arrest.
d.
Police must inform people of their Miranda rights after questioning.
 

 4. 

Simon belonged to a political group responsible for blowing up several corporate offices of multinational companies. Acting on a tip, the police surround Simon in front of the offices of a major corporation and ask him where the explosives are. Simon tells them. His statements are
a.
inadmissible because he was not given the Miranda warnings.
b.
inadmissible because he was never charged with a crime.
c.
admissible because he was a known criminal.
d.
admissible because of the public safety exception to Miranda.
 

 5. 

Sulla gives several incriminating statements in response to police questioning before she is given the Miranda warnings. Her statements
a.
will be inadmissible in court because of the exclusionary rule.
b.
will be inadmissible in court because of the Fourth Amendment.
c.
will be admissible in court if the police honestly believed that she had been warned before questioning her.
d.
will be admissible in court if she has a prior criminal record.
 

Completion
Complete each sentence or statement.
 
 
Complete each of the following statements with the appropriate choice below.  Some choices may not be used and some may be used more than once.
defendant
police
 
judge
prosecutor
jury
victim
 

 6. 

The ____________________ issues a search warrant.
 

 

 7. 

The ____________________ carry out the search.
 

 

 8. 

The ____________________ decides if evidence was legally obtained.
 

 

 9. 

The ____________________ brings the charges against the ____________________.
 

 

 10. 

The exclusionary rule is designed to punish ____________________.
 

 

Matching
 
 
Match each item with the correct statement below.
a.
affidavit
e.
judge
b.
arrest
f.
Escobedo
c.
exclusionary rule
g.
Miranda
d.
interrogation
h.
probable cause
 

 11. 

reasonable belief that a person has committed a crime
 

 12. 

what should not take place before reading the Miranda warnings
 

 13. 

the defendant in a landmark case who argued he was not aware of his rights before confessing
 

 14. 

the rule that prohibits use of illegally seized evidence in court
 

 15. 

a sworn statement of facts and circumstances
 

Short Answer
 
 
chap12_files/i0220000.jpg
 

 16. 

What sentencing options are available to convicted defendants?
 

 17. 

What happens after a defendant pleads guilty?
 

 18. 

When does parole occur?
 



 
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