3.8 Your Rights: Due Process Answers

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1
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Which of these actions might have violated Alvarado’s Fifth Amendment rights?

A
He was interviewed by a police investigator.
B
He was interviewed alone.
C
He was not read his rights before being questioned.
D
He confessed to being present during the crime.
2
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Which of these ideas are included in your response? Check all that apply.

A
whether you agree or disagree with Alvarado’s conviction
B
an explanation for your decision
C
an explanation of the case’s connection to Miranda
3

Why did the court allow Alvarado’s confession to be used as evidence?

A
He was not in custody at the time of the confession.
B
His parents were not been present when he confessed.
C
He had not asked to be read his Miranda rights.
D
He felt pressured into confessing his crime.
4

According to Justice Kennedy, why did the Court of Appeals overturn Alvarado’s conviction? Check all that apply.

A
The police used extra protections for him.
B
The police coerced his confession.
C
Minors require special legal protections.
D
He was in custody because he concluded that he was under arrest.
E
He was experienced enough to understand his rights.
5

Which answer best describes the Court’s decision?

A
The confession cannot be used, because Alvarado believed that he could not leave.
B
The confession can be used, because Alvarado was not in custody.
C
The confession can be used, because Alvarado thought that he could leave.
D
The confession cannot be used, because Alvarado did not know his rights
6

Which answer best describes the minority opinion?

A
Alvarado did not need to have his rights read.
B
Officers made sure that Alvarado knew his rights.
C
Alvarado was actually in custody, because he felt restricted.
D
Officers did not pressure Alvarado into confessing.
8

Which of these actions might have violated Alvarado’s Fifth Amendment rights?

A
He was interviewed by a police investigator.
B
He was interviewed alone.
C
He was not read his rights before being questioned.
D
He confessed to being present during the crime.
9

Why did the court allow Alvarado’s confession to be used as evidence?

A
He was not in custody at the time of the confession.
B
His parents were not been present when he confessed.
C
He had not asked to be read his Miranda rights.
D
He felt pressured into confessing his crime.
10

According to Justice Kennedy, why did the Court of Appeals overturn Alvarado’s conviction? Check all that apply.

A
The police used extra protections for him.
B
The police coerced his confession.
C
Minors require special legal protections.
D
He was in custody because he concluded that he was under arrest.
E
He was experienced enough to understand his rights.
11

Which answer best describes the Court’s decision?

A
The confession cannot be used, because Alvarado believed that he could not leave.
B
The confession can be used, because Alvarado was not in custody.
C
The confession can be used, because Alvarado thought that he could leave.
D
The confession cannot be used, because Alvarado did not know his rights
12

Which answer best describes the minority opinion?

A
Alvarado did not need to have his rights read.
B
Officers made sure that Alvarado knew his rights.
C
Alvarado was actually in custody, because he felt restricted.
D
Officers did not pressure Alvarado into confessing.
13

Do you agree or disagree with the Supreme Court’s majority ruling in Yarborough v.Alvarado?Write a short paragraph describing your answer and connect the case to the Miranda v. Arizona decision.

Answer:

I disagree with the Supreme Court’s majority ruling in Yarborough v. Alvarado. Miranda v. Arizona requires police to give warnings before custodial interrogation, but the Court upheld the finding that Alvarado was not in custody. Because Alvarado was only 17, I think his age should have been considered when deciding whether he felt free to leave. Taking age into account would help ensure that young people understand and receive the protections Miranda provides.

14

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