All Compelled Speech Needs Miranda
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
14593_retreat_toolroom_voice_lineup · CRIMINAL · Choice ANo, because testimony of a witness based on firsthand observation is not subject to exclusion as the fruit of the poisonous tree.
Why it's attractive
The choice says witness testimony is not subject to exclusion as a category.
Why it's wrong
The choice says witness testimony is not subject to exclusion as a category.
14593_retreat_toolroom_voice_lineup · CRIMINAL · Choice BYes, because Timothy was never told that he could refuse to make a statement and that any statement could be used as evidence against him.
Why it's attractive
The choice treats all compelled spoken words as Miranda statements.
Why it's wrong
The choice treats all compelled spoken words as Miranda statements.
14593_retreat_toolroom_voice_lineup · CRIMINAL · Choice DYes, because Timothy was compelled to speak at the lineup, and this compelled speech led to the witness's identification testimony.
Why it's attractive
The choice proves compulsion but not testimonial communication.
Why it's wrong
The choice proves compulsion but not testimonial communication.
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