All Post Charge Talk Is Interrogation
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
20421_lydia-buried-silver · CRIMINAL · Choice AYes, because Naomi hoped to receive a benefit from the prosecutor.
Why it's attractive
Answers 'was the listener self-interested,' not 'was she a government agent'; non-dispositive element.
Why it's wrong
Answers 'was the listener self-interested,' not 'was she a government agent'; non-dispositive element.
20421_lydia-buried-silver · CRIMINAL · Choice BNo, because the Sixth Amendment does not apply between indictment and the start of trial.
Why it's attractive
Right outcome, false reason: the right does not switch off between charge and trial.
Why it's wrong
Right outcome, false reason: the right does not switch off between charge and trial.
20421_lydia-buried-silver · CRIMINAL · Choice DYes, because any statement a charged defendant makes to another person after indictment is treated as police interrogation.
Why it's attractive
'Any' post-charge statement = interrogation is a tiered-absolute; one spontaneous-confession counterexample defeats it.
Why it's wrong
'Any' post-charge statement = interrogation is a tiered-absolute; one spontaneous-confession counterexample defeats it.
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