Custody Required
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
- Criminal Law1
Example wrong choices
20542_praise_festival_cashbox · CRIMINAL_LAW · Choice ANo, because Peter was not in custody when the detectives spoke with him.
Why it's attractive
A student sees a police-questioning problem and reaches for custody because custody is a real Miranda trigger. The breaker is that the call is Sixth Amendment deliberate elicitation after attachment, not Fifth Amendment custodial interrogation.
Why it's wrong
The choice uses a Fifth Amendment custody frame when the call asks for Sixth Amendment suppression after attachment.
Spot it next time
Mark custody as wrong-frame unless the call asks Fifth Amendment or Miranda.
20542_praise_festival_cashbox · CRIMINAL_LAW · Choice CYes, because police may not question an indicted defendant about any unrelated offense.
Why it's attractive
A student remembers that indictment gives the defendant a strong counsel right and inflates it into a universal shield. The breaker is that the Sixth Amendment right is offense-specific, so unrelated-crime questioning is not categorically barred by this rule.
Why it's wrong
The choice overclaims by treating indictment as a bar to questioning about any unrelated offense.
Spot it next time
Strike any answer that bars any unrelated offense unless a Gold Key says the right is global.
20542_praise_festival_cashbox · CRIMINAL_LAW · Choice DNo, because unarmed theft and armed robbery use different labels.
Why it's attractive
A student remembers the true phrase offense-specific and treats different crime names as enough. The breaker is that the stem points to the same charged event in a lesser-offense costume, so label-only reasoning is not responsive.
Why it's wrong
The choice borrows offense-specificity but answers by formal labels rather than same-offense substance.
Spot it next time
Compare the event and lesser-included relation before trusting labels.
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