Match the term listed in Column 1 to the correct definition in ...

[OSWALD]

Match the term listed in Column 1 to the correct definition in Column 2.
 
  Column 1
  1. Admission
  2. Confession
  3. Custody
  4. Deliberate elicitation
  5. Due process voluntariness approach
  6. Fair examination rule
  7. Formal criminal proceeding
  8. Interrogation
  9. Physical evidence
  10. Testimonial evidence
 
  Column 2
  a. Typically an arrest
  b. The requirement that a witness, including the defendant, at either a trial or a grand jury hearing can be compelled to answer questions once he or she waives Fifth Amendment protection and begins to testify
  c. The opposite of testimonial evidence. Can include murder weapons, documents, and even the results from police lineups.
  d. Express questioning (e.g., Where were you on the night of the crime?) or the functional equivalent of a question
  e. When a person can simply admit to involvement in a crime without any police encouragement
  f. The requirement that any confession be voluntary under the totality of circumstances
  g. In the Sixth Amendment right to counsel context, either a formal charge, a preliminary hearing, indictment, information, or arraignment
  h. Loosely defined to include incriminating statements made at any point during the criminal justice process, whether or not the person making such statements is under oath.
  i. In the Sixth Amendment right to counsel context, deliberate elicitation occurs when police officers create a situation likely to induce a suspect into making an incriminating statement.
  j. When a person implicates himself or herself in criminal activity following police questioning and/or interrogation

Question 2

Explain the role of the Fourteenth Amendment's due process clause regarding confessions.
 
  What will be an ideal response?

[kbennett34]

Answer to Question 1

1. e
2. j
3. a
4. i
5. f
6. b
7. g
8. d
9. c
10.h

Answer to Question 2

Answer: Good answers should explain what makes certain confessions involuntary and discuss the holding of Fikes v. Alabama, which defined involuntary as under the totality of circumstances that preceded the confessions, wherein the defendant is deprived of his or her power of resistance. Students should then explain that courts look at two issues: (1) the police conduct in question, and (2) the characteristics of the accused. Examples should be given of each.