Custody Equals Admissibility
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
14601_connelly-church · CRIMINAL · Choice Aadmissible, because the man was not in custody.
Why it's attractive
Custody is not the issue — the call asks about admissibility under the Due Process Clause
Why it's wrong
Custody is not the issue — the call asks about admissibility under the Due Process Clause
14601_connelly-church · CRIMINAL · Choice Binadmissible, because under these circumstances, there was no valid waiver of Miranda warnings.
Why it's attractive
A Miranda waiver must be knowing and intelligent, but the Constitution doesn't require suppression without police coercion
Why it's wrong
A Miranda waiver must be knowing and intelligent, but the Constitution doesn't require suppression without police coercion
14601_connelly-church · CRIMINAL · Choice Dinadmissible, because the man's confession was a product of his mental illness and was therefore involuntary.
Why it's attractive
Mental illness alone does not make a confession involuntary under the Constitution
Why it's wrong
Mental illness alone does not make a confession involuntary under the Constitution
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