Criminal Investigation 11th Edition by Charles R Swanson - Test Bank

Criminal Investigation 11th Edition by Charles R Swanson – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

Chapter 05: Interviewing and Interrogation

 

Multiple Choice Questions

 

1. Which of the following is not one of the four commonly recognized objectives in the interrogation process?
2. A) To obtain valuable facts.
3. B) To identify the innocent.
4. C) To eliminate the innocent.
5. D) To obtain a confession.

Ans: B

Page ref: 124

 

2. Once witnesses have been identified, they should be separated from one another and, as much as possible, isolated from other people who may be nearby. Why?
3. A) To prevent witnesses from seeing or hearing irrelevant matters that may taint their actual knowledge.
4. B) To prevent witnesses from leaving the area before they have been released by the police investigator.
5. C) To prevent “outsiders” from hearing what witnesses tell the police.
6. D) All are reasons for isolating witnesses.

Ans: A

Page ref: 125

 

3. As a rule, cold, sleepy, hungry, or physically uncomfortable persons prove to be
4. A) highly satisfactory witnesses because of the pressure the interviewer is able to put them under.
5. B) somewhat satisfactory witnesses.
6. C) unsatisfactory witnesses.
7. D) impossible to interview.

Ans: C

Page ref: 125

 

4. Which of the following is a good characteristic of a traditional interrogation room?
5. A) The room should be sparsely furnished.
6. B) A working telephone should be included.
7. C) A large, physically imposing room should be used.
8. D) A two-way mirror should be included.

Ans: A

Page ref: 126-127

 

5. The personal qualifications of a witness that would prevent such an individual from testifying in a judicial case relate to that individual’s
6. A) credibility.
7. B) trustworthiness.
8. C) competency.
9. D) intelligence.

Ans: C

Page ref: 129

 

6. Which of the following are essential requirements for a person to be a credible witness?
7. A) Presence at the scene of the event, consciousness, attentiveness.
8. B) Consciousness, attentiveness, age (over 5 years), no felony convictions.
9. C) Attentiveness, age (over 7 years), no felony convictions, consciousness.
10. D) Age (over 5 years), attentiveness, presence at the scene of the event.

Ans: A

Page ref: 124

 

7. Which of the following factors affect a witness’s perception?
8. A) Physical characteristics.
9. B) Emotional characteristics.
10. C) Attitude.
11. D) All of the preceding are correct.

Ans: D

Page ref: 128

 

8. Which factors influence a person’s ability to give a complete account of an event or to identify people accurately?
9. A) The significance or insignificance of the event:
10. B) The length of the period of observation
11. C) Lack of ideal conditions
12. D) All of the above are factors

Ans:  D

Page ref:  130

 

9. Which constitutional guarantees are addressed in the Escobedo and Miranda cases?
10. A) Right-to-counsel and self-incrimination.
11. B) Right-to-confrontation and cross-examination.
12. C) Double jeopardy and trial by jury.
13. D) Fair trial and free press.

Ans: A

Page ref: 139

 

10. Which of the following is a required warning contained in the Miranda decision?
11. A) The right to remain silent.
12. B) The right to be told that anything the suspect says can and will be used against him or her in court.
13. C) The right to consult with an attorney prior to answering any questions and to have that attorney present during interrogation.
14. D) All of the preceding are correct.

Ans: D

Page ref: 139-140

 

11. In which case did the U.S. Supreme Court emphatically state that once a suspect has invoked the right to remain silent, interrogation must terminate?
12. A) Michigan v. Mosley.
13. B) United States v. Lee
14. C) Manson v. Braithwaite.
15. D) Miranda v. Arizona.

Ans: A

Page ref: 141

 

12. What are the possible responses when a suspect is asked if they wish to talk to the police?
13. A) remain silent
14. B) request an attorney
15. C) waive their rights against self –incrimination
16. D) All of the above are possible responses

Ans:  D

Page ref:  140-141

 

13. It is important for interviewers/interrogators to provide a/an____________ for the witnesses and suspects that they are questioning.
14. A) Intimidating environment
15. B) Comfort zone
16. C) Stressful situation
17. D) None of the above

Ans:  B

Page ref:  145

 

14. When conducting an interrogation, the interrogator should
15. A) ensure that few or no objects are between them and the suspect
16. B) talk loudly and rudely to the suspect
17. C) ask leading questions to get the suspect to confess
18. D) All of the above should be done in an interrogation

Ans:  A

Page ref:  145-146

 

 

15. Which of these behaviors are commonly observed when detecting deception?
16. A) Very animated hand gestures
17. B) Swearing to the truthfulness of their statements
18. C) Using the derogatory position
19. D) None of the above are commonly used

Ans:  B

Page ref:  148-149

 

16. The three most common findings by a polygraph examiner are
17. A) Lying, truthful, and unsure
18. B) Deceptive, truthful and unsure
19. C) Deception indicated, no deception indicated and inconclusive
20. D) Deception indicated, truth indicated and inconclusive

Ans:  C

Page ref:  150

 

17  The polygraph measures

1. A) cardiovascular changes, respiratory changes and changes in skin resistance
2. B) cardiovascular changes, respiratory changes and aerobic changes
3. C) respiratory changes, changes in skin resistance and aerobic changes
4. D) None of the above are measured

Ans:  A

Page ref:  150

 

18. The primary purpose of a polygraph examination according to the textbook is to
19. A) determine if victims/witnesses are being truthful or untruthful about what they say.
20. B) elicit a confession from a suspect.
21. C) eliminate the innocent from consideration during a criminal investigation.
22. D) corroborate the suspect’s alibi.

Ans: A

Page ref: 150

 

19. What device denotes micro variations in the audible and non-audible portions of speech?
20. A) Polygraph.
21. B) Kinesological Brain Wave Analyzer.
22. C) Computer Voice Stress Analysis.
23. D) Neuron Voice Sensor Detector.

Ans: C

Page ref: 151

 

20. The best form of documenting an interview is
21. A) reliance on the investigator’s memory.
22. B) reliance on notes taken by the investigator.
23. C) a handwritten and signed statement prepared by the witness.
24. D) electronic sound or sound and visual recordings.

Ans: D

Page ref: 132

 

21. The test for the validity and admissibility of a confession or admission is its
22. A) compliance with Miranda requirements.
23. B) voluntariness.
24. C) compliance with Escobedo.
25. D) compliance with the fruits of the poisonous tree doctrine.

Ans: B

Page ref: 138

 

22. The first notable incidence of Supreme Court intervention into interrogation practices came about in Brown v. Mississippi, in 1936. The decision of the Supreme Court in this case was
23. A) the right of a defendant to have an attorney present during interrogation.
24. B) that a confession received as a result of physical brutality and violence by the police was not admissible in court.
25. C) the right of the defendant to be brought before a committing magistrate within 72 hours.
26. D) the right of the defendant to remain silent.

Ans: B

Page ref: 138

 

23. Which U.S. Supreme Court case condemned using psychological coercion, engaging in trickery or deceit, holding a suspect incommunicado, or making promises that can’t be kept?
24. A) Michigan v. Mosley.
25. B) United States v. Lee
26. C) Manson v. Braithwaite.
27. D) Miranda v. Arizona.

Ans: D

Page ref: 138

 

24. Which U.S. Supreme Court cases set forth the requirements for the delay-in-arraignment rule?
25. A) McNabb-Mallory.
26. B) Escobeda – Miranda.
27. C) Mapp – Terry.
28. D) Both A and C are correct.

Ans: A

Page ref: 138-139

 

25. McNabb – Mallory only apply to the federal court system. How do most states interpret their own statues on unnecessary delay?
26. A) Require a connection between the failure of law enforcement to produce the accused before a committing magistrate without unnecessary delay and the securing of a confession.
27. B) Use the fruit of the poisonous tree doctrine and throw out the evidence.
28. C) Do not consider unnecessary delay unless the crime is a major felony.
29. D) Both A and B are correct.

Ans: A

Page ref: 139

 

True/False Questions

 

26. Eyewitness identifications take place in a social context in which the witness’s own personality and characteristics, along with those of the target observed, are as critical as factors relating to the situation or environment in which the action takes place.

Ans: True

Page ref:  129-130

 

27. Eyewitness testimony is heavily used in criminal proceedings but research has found to be very unreliable.

Ans:  True

Page ref:  129

 

28. Interrogation/questioning must stop after a suspect requests counsel.

Ans:  True

Page ref:  140

 

29. In interviewing, establishing rapport with the person to be questioned is important but its importance wanes when interrogating a suspect.

Ans: False

Page ref: 122

 

30. The United States Supreme Court ruled in Escobedo v. Illinois that because Escobedo was not advised of his Fifth Amendment rights before he was questioned, his confession was not admitted into evidence.

Ans: False

Page ref: 139

 

31. Duckworth v. Eagen (1989) held that it was not necessary that Miranda warnings be given in the exact form described in the Miranda decision.

Ans: True

Page ref: 141

 

32. Custody occurs when a person is deprived of his or her freedom in any significant way or is not free to leave the presence of law enforcement.

Ans: True

Page ref: 142

 

33. Berkemer v. McCarty ruled that Miranda applies to the interrogation of an arrested person regardless of whether the offense is a felony or a misdemeanor.

Ans:  True

Page ref:  142

 

34. Interrogation refers not only to express questioning, but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.

Ans:  True

Page ref:  143

 

35. Polygraphs can always determine who is lying and who is not.

Ans:  True

Page ref:  150

 

Fill-in-the-Blank Questions

 

36. A/an ________ is designed to match acquired information to a particular suspect to secure a confession.

Ans: Interrogation

Page ref: 124

 

37. The utmost importance in conducting ________ is privacy, as distractions tend to have an adverse effect.

Ans: interviews

Page ref: 128

 

38. _________ is the witness’s personal qualifications for testifying in court.

Ans:  Competency

Page ref:  129

 

39. The reluctance to report incidents to the police or to assist in the prosecution of offenders may be the result of __________________________, or the belief that the criminals might retaliate against them for cooperating.

Ans:  Witness intimidation

Page ref:  131

 

40. The best method of documenting an interview is with ____________________.

Ans:  Sound and/or sound and visual recordings

Page ref:  132

 

41. ________ notes microvariations in the audible and non-audible portions of speech.

Ans: Computer Voice Stress Analysis (CVSA)

Page ref: 151

4

2. Two primary concerns are raised by ________: it may be distracting or suspicious to a witness; and witnesses’ may be reluctant to give information knowing that it is being documented in this manner.

Ans: note taking

Page ref: 132

 

43. In order for a confession to be acceptable in court, it must meet two requirements: it must be ________ and voluntarily given.

Ans: freely

Page ref: 138

 

44. Prior to 1936, the only test for the validity and admissibility of a confession or admission was its ________.

Ans: voluntariness

Page ref: 138

 

45. The McNabb – Mallory cases set forth the ________ rule that is only applicable in federal courts.

Ans: delay-in-arraignment

Page ref: 139

 

Essay Questions

 

46. What are the qualities for an effective interviewer or interrogator?

Ans: The effective interviewer/interrogator must be knowledgeable in the art and science of criminal investigation and know how to use psychology, salesmanship, and dramatics. Persuasiveness and perseverance are essential to success. The interviewer/interrogator must make him or her easy to talk to. By the appropriate use of vocal inflection, modulation, and emphasis, even the Miranda warnings can be presented to a suspect in such a way as not to cause the suspect to immediately assume a defensive posture. The words can be spoken without creating an adversarial atmosphere. The interviewer/interrogator must have a flexible personality and must be able to convey empathy, sympathy, anger fear and joy at various times, as needed, but must always truly remain objective. It is important that the interviewer/interrogator keep an open mind, receptive to all information regardless of its nature. A positive, firm approach, an ability to inspire confidence, and knowledge of a broad range of topics of general interest all help establish dominance or control in an interview.

Page ref: 124

 

47. How does an investigator prepare for an interview or an interrogation? Are there differences?

Ans: The interrogator must learn as much as possible about the offense, the victim(s), and the suspect(s) through the process of collecting, assessing, and analyzing data and theorizing about the motivations and thought processes of the suspect. This begins the formulation of a profile which will then dictate the initial approach the interrogator will take upon first contacting the suspect.

Page ref: 127-128

 

48. What factors motivate witnesses to give or withhold information?

Ans: Some witnesses may be honest and cooperative and desire to impart information in their possession to the investigator. Despite these admirable qualities, however, the information may still be affected by other factors that influence all witnesses, such as age, physical characteristics, and emotions. It may be wise in most circumstances to interview this type of witness first to obtain basic information which can then be compared with later-acquired stories. Some witnesses may desire not to give any information in an interview regardless of what they may know. Some witnesses may be reluctant or suspicious of the motives of the interviewer until such time as a rapport can be established and the investigator can assure the witness of his or her good intentions.

Page ref: 128-129

 

49. What criteria will affect the competency of a witness?

Ans: Among the factors an investigator must evaluate in determining the competency of a witness is age, level of intelligence, mental state, relationship to individuals involved in the case, and background characteristics that might preclude the testimony of the witness from being heard in court. Relationships among individuals involved in a case may also affect a witness’s competency. Background characteristics also may preclude a witness’s testimony from being accepted in court.

Page ref: 129

 

50. Define and discuss the similarities and differences between interviews and interrogations.

Ans: The success of an interview or interrogation depends on a number of personal characteristics and commitments of the investigator. Planning for and controlling the events surrounding both interviews and interrogations are important but are generally viewed as more critical to the success of an interrogation. Establishing rapport, asking good questions, listening carefully, and keeping proper documentation are elements common to both forms of obtaining information. Besides the difference in purpose between interviewing and interrogation, many other distinctions exist. Of paramount importance are the myriad legal requirements that pertain to interrogations but are absent in interviews. Because of the criticality of confessions and their use in obtaining convictions, it is not surprising that numerous legal guidelines and standards apply in interrogations that would not be needed in interviewing witnesses or victims; these are all discussed in greater detail later in this chapter. Also, it is far more likely that a hostile and adversarial relationship will exist between an interrogator and a suspect than between an interviewer and a victim or witness.

Page ref: 122-123

 

 

51. Despite the amount of reliance placed on information supplied by eyewitnesses, how reliable are they? Why?

Ans: Eyewitness identification and description is regarded as the most unreliable form of evidence and causes more miscarriages of justice than any other method of proof. Research and courtroom experience provide ample evidence that an eyewitness to a crime is being asked to be something and do something that a normal human being was not created to be or do. Human perception is sloppy and uneven.

Page ref: 129

 

52. Define competency and how it could impact a witness’s testimony.

Ans: The term competency refers to a witness’s personal qualifications for testifying in court. Competency must be established before a witness is permitted to give any testimony. The witness’s personal qualification depends on circumstances that affect his or her legal ability to function as a sworn witness in court. Competency has nothing to do with the believability of a witness’s information.  Among the factors an investigator must evaluate in determining the competency of a witness are age, level of intelligence, mental state, relationship to individuals

involved in the case, and background characteristics that might preclude the testimony of the witness from being heard in court.

Page ref:  129

 

53. What requirements are imposed on law enforcement by Miranda v. Arizona?

Ans: The Supreme Court, in a five to four decision, spelled out the requirements and procedures to be followed by officers when conducting an in-custody interrogation of a suspect.

1. The right to remain silent.
2. The right to be told that anything said can and will be used in court.
3. The right to consult with an attorney prior to answering any questions and the right to have an attorney present during interrogation.
4. The right to counsel. If the suspect cannot afford an attorney, the court will appoint one free of charge

Page ref:  139-140

 

54. Discuss why people confess to crimes.

Ans:  It is human nature to talk. Most people cannot keep a secret. It has been estimated that 80% of all people will confess to a crime. There are two basic categories of people who tend to confess to crimes: (1) guilty parties who psychologically need to “get if off their chest” and (2) persons who are not guilty but who act under some urge to confess.  The psychological and physiological pressures that build in a person who has committed a crime or who suffers from feelings of guilt concerning any other type of conduct are best alleviated by communicating.

Page ref:  136

 

55. What is the evidentiary test for admissibility of confessions and admissions?

Ans: The test for admissibility of confessions is called the “free and voluntary rule.” Subsequent to the Brown v. Mississippi (1936) decision, the Supreme Court, in a succession of cases, has continued to reinforce its position that any kind of coercion, whether physical or psychological, would be grounds for making a confession inadmissible as being a violation of the free-and-voluntary rule. This includes such conduct as threatening bodily harm to the suspect or members of the suspect’s family, using psychological coercion, engaging in trickery or deceit, or holding a suspect incommunicado. Investigators are also cautioned about making promises to the suspect that cannot be kept.

Page ref: 138