Ch. 31: Interrogations

Question 1

What is the primary difference between an interrogation and an interview, as described in the text?

a) An interview is accusatory, while an interrogation is non-accusatory.

b) An interrogation seeks to gather information, while an interview seeks a confession.

c) An interrogation is done in an accusatory manner and seeks a confession or admission, while an interview is non-accusatory and seeks to gather information.

d) There is no significant difference; the terms are interchangeable.

Answer 1

c) An interrogation is done in an accusatory manner and seeks a confession or admission, while an interview is non-accusatory and seeks to gather information.

Question 2

According to Weingarten rights for union private employees, what is one option an employer has when an employee requests a union representative during questioning?

a) Deny the request and continue the interview.

b) Grant the request and delay questioning until the union representative arrives.

c) Require the employee to proceed with the interrogation without a representative.

d) Discipline the employee for requesting a representative.

Answer 2

b) Grant the request and delay questioning until the union representative arrives.

Question 3

When is Miranda primarily applicable, according to the text?

a) When a suspect is arrested.

b) When a suspect is in a custodial environment, being questioned about a crime by a government representative.

c) When any private person is questioning a suspect.

d) When an investigator has a good rapport with the suspect.

Answer 3

b) When a suspect is in a custodial environment, being questioned about a crime by a government representative.

Question 4

According to Cal. Lab. Code 423.2, what is prohibited for employers regarding polygraphs or lie detector tests?

a) Employers may ask an employee/applicant to take a polygraph.

b) Employers may use a polygraph as a condition of employment.

c) Employers may rely solely on polygraph results for disciplinary action.

d) Employers may not advise the applicant/employee in writing of their right not to take the test.

Answer 4

b) Employers may use a polygraph as a condition of employment.

Question 5

In an interrogation, what is the interrogator’s primary goal?

a) To establish a friendly rapport with the subject.

b) To gather general background information.

c) To get a confession or admission of alleged misconduct.

d) To provide the subject with legal advice.

Answer 5

c) To get a confession or admission of alleged misconduct.

Question 6

When an employee belonging to a union requests a representative during questioning that may result in discipline, what is one option the employer has according to Weingarten rights?

a) Continue questioning without the representative.

b) Deny the request and terminate the employee.

c) Give the employee a choice of having the interrogation without a representative or ending the interview.

d) Immediately transfer the employee to another department.

Answer 6

c) Give the employee a choice of having the interrogation without a representative or ending the interview.

Question 7

What is a key characteristic of an interrogation style, as opposed to an interview?

a) It is always conducted in a public place.

b) It is done in a non-accusatory manner.

c) It is done in an accusatory manner.

d) It primarily focuses on gathering positive feedback.

Answer 7

c) It is done in an accusatory manner.

Question 8

According to the text, what is one restriction an employer can place on a union representative during an interrogation?

a) Prohibit the representative from being present at all.

b) Limit the representative’s interruptions to clarifications of questions.

c) Allow the representative to answer questions on behalf of the employee.

d) Require the representative to undergo a background check.

Answer 8

b) Limit the representative’s interruptions to clarifications of questions.

Question 9

For whom is Miranda primarily applicable when questioning a suspect about a crime?

a) Private investigators acting independently.

b) Any individual who has rapport with the suspect.

c) Government representatives (e.g., peace officer, special agent).

d) Union representatives.

Answer 9

c) Government representatives (e.g., peace officer, special agent).

Question 10

When is Miranda not applicable, according to U.S. v Garlock (1994)?

a) When a suspect is in a custodial environment.

b) When a private person is questioning a suspect, unless acting as an instrument for the government.

c) When the questioning is about a crime.

d) When the suspect has already confessed.

Answer 10

b) When a private person is questioning a suspect, unless acting as an instrument for the government.

Question 11

What is the primary purpose of an interrogation, as stated in the text?

a) To build trust with the subject.

b) To gather general information for a report.

c) To obtain a confession or admission of alleged misconduct.

d) To offer psychological counseling to the subject.

Answer 11

c) To obtain a confession or admission of alleged misconduct.

Question 12

When a union employee requests a union representative during questioning, what is one action the employer can take?

a) Proceed with the interrogation immediately, ignoring the request.

b) Deny the request and continue questioning.

c) Deny the request and end the interview.

d) Threaten disciplinary action for requesting a representative.

Answer 12

c) Deny the request and end the interview.

Question 13

What is the key distinction in the manner of questioning between an interview and an interrogation?

a) An interview is always recorded, while an interrogation is not.

b) An interview is accusatory, while an interrogation is non-accusatory.

c) An interrogation is accusatory, while an interview is non-accusatory.

d) An interview focuses on legal outcomes, while an interrogation focuses on personal growth.

Answer 13

c) An interrogation is accusatory, while an interview is non-accusatory.

Question 14

What happens if a union employee requests a representative under Weingarten and the employer denies the request while attempting to continue the interview?

a) The employee must proceed with the interview.

b) The employer is violating the employee’s Weingarten rights.

c) The interview automatically becomes an interrogation.

d) The union representative can force the employer to stop.

Answer 14

b) The employer is violating the employee’s Weingarten rights.

Question 15

What must be true for Miranda to be applicable when a suspect is questioned about a crime?

a) The suspect must be a private citizen.

b) The questioning must be conducted by a private investigator acting alone.

c) The suspect must be in a custodial environment and questioned by a government representative.

d) The suspect must have prior legal training.

Answer 15

c) The suspect must be in a custodial environment and questioned by a government representative.

Question 16

According to the text, what is an investigator doing if they are assisting a government agent during an interrogation?

a) They are acting as a private party, and Miranda is not applicable.

b) They are acting as a government agent, and Miranda is applicable.

c) They are exempt from all legal requirements.

d) They are solely responsible for the outcome of the interrogation.

Answer 16

b) They are acting as a government agent, and Miranda is applicable.

Question 17

When an investigator performs an interrogation, what is their primary goal regarding the subject’s misconduct?

a) To offer guidance and support.

b) To gather non-incriminating information.

c) To obtain a confession or admission.

d) To mediate a resolution.

Answer 17

c) To obtain a confession or admission.

Question 18

If a union employee requests a representative during an interrogation, what is one valid option for the employer to take?

a) Refuse the representative and continue the questioning.

b) Discontinue the interview entirely.

c) Demand the employee proceed without a representative.

d) Bring in a different interrogator immediately.

Answer 18

b) Discontinue the interview entirely.

Question 19

Under what specific conditions is Miranda applicable?

a) Any time a private investigator speaks with a suspect.

b) When a suspect is in a custodial environment and being questioned about a crime by a government representative.

c) Only when a suspect is formally charged with a crime.

d) When a suspect volunteers information without being asked.

Answer 19

b) When a suspect is in a custodial environment and being questioned about a crime by a government representative.