LESSON
PRACTICE EXERCISE

Instructions The following items will test your understanding of the material covered in this lesson. There is only one correct answer for each item. When you have completed the exercise, check your answers with the answer key that follows. If you answer any item incorrectly, review that part of the lesson which contains the portion involved.

1. The constitutional protection against compelled self-incrimination is found in:

 A. the First Amendment.
B. the Fourth Amendment.
C. the Fifth Amendment.
D. the Sixth Amendment.
2. The military equivalent of the privilege against compelled self-incrimination is contained in:

A. Article 15, UCMJ.
B. Article 31, UCMJ.
C. Article 32, UCMJ.
D. Article 39A, UCMJ.
3. Which of the following is a form of interrogation?

A. Asking a suspect to provide a hair sample.
B. Asking a suspect to provide a handwriting sample.
C. Asking a suspect to appear in a line-up.
D. All of the above.
E. None of the above.
4. In the military, the right to counsel comes from:

A. the Supreme Court's Miranda decision.
B. Article 39A, UCMJ.
C. Article 139, UCMJ.
D. the Fourth Amendment to the U.S. Constitution.
5. "Custodial interrogation" may be found to exist:

A. only when the suspect is under apprehension.
B. only when the suspect is under either arrest or apprehension.
C. when a person has been deprived of his freedom of action in any significant way.
D. only after the suspect has been informed of his rights.
6. A spontaneous statement is:

A. admissible, but only if reduced to writing.
B. admissible, but only if under oath.
C. admissible, but only if the suspect has first been advised of his rights under Article 31.
D. none of the above.
7. If a suspect is making a spontaneous statement:

A. he must be interrupted and advised of his rights to an attorney.
B. he must be interrupted and advised of his rights under Article 31, UCMJ.
C. the statement will be admissible in court.
D. the statement will be admissible at an administrative proceeding, but not at a court-martial.
8. When a suspect says he wants an attorney:

A. the interrogator must not question him again for at least two hours.
B. the questioning must cease immediately.
C. the suspect can only be questioned further if it is done by a different questioner.
D. the suspect may be encouraged to change his mind.
9. If a suspect is questioned without a prior advisement of his rights:

A. the confession that he makes is not admissible in court.
B. his confession will be admissible, but only if it is made under oath.
C. his confession is admissible, but only if there are two independent witnesses.
D. the confession will be admissible, but only under the "mere felony rule."
10. If a suspect has been properly advised of his rights:

A. any confession that he makes must still be found to be voluntary.
B. his resulting confession will be admissible, regardless of the circumstances of the interrogation.
C. his confession will be admissible, but only if it is in writing.
D. none of the above.
11. Police deception in obtaining a confession:

A. is unlawful.
B. renders any subsequent confession inadmissible.
C. both of the above.
D. none of the above.
12. Which of the following is a recognized exception to the exclusionary rule?

A. The exigency rule.
B. The probable cause rule.
C. The inevitable discovery rule.
D. All of the above.
13. If the police obtain a confession in violation of a suspect's rights:

A. this has no effect on later statements.
B. this is presumed to taint any later statements.
C. this is presumed to taint any subsequent ORAL statements, but not written ones.
D. none of the above.
14. A suspect has a right to counsel at a line-up:

A. if he is suspected of a crime.
B. only if he is suspected of a felony.
C. only if the line-up is conducted at the police station.
D. if charges have been preferred against him.
15. At a photographic identification procedure:

A. there is no right to counsel.
B. there is a right to counsel, but only if the procedure is conducted subsequent to the suspect's apprehension.
C. there is a right to counsel, but only if the procedure is conducted after the suspect has been placed under pretrial restraint.
D. none of the above.
16. A suspect's waiver of his rights:

A. must be in writing.
B. must be voluntarily and knowingly made.
C. must be witnessed by at least two police officers.
D. all of the above.
17. Interrogation may include:

A. express questioning of the suspect.
B. words spoken to the suspect.
C. actions.
D. all of the above.
18. Which of the following are examples of "official" questioning?

A. A CID agent questioning a suspect.
B. The company commander questioning a suspect.
C. The platoon leader questioning a suspect.
D. The first sergeant questioning a suspect.
E. All of the above.
19. Advising a suspect of his rights from memory:

A. is illegal.
B. is the preferred practice.
C. is legal but risky.
D. is legal, but you will not be allowed to testify in court that you have done so.
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