Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant is arrested for shoplifting a candy bar. During booking, the police officer asks the defendant, 'Did you act alone, or did someone help you with this?' The defendant, without being read Miranda warnings, states, 'I acted alone; nobody else was involved.' The prosecution seeks to introduce this statement as evidence in court. Which of the following is the most likely outcome regarding the admissibility of the defendant's statement?
- AThe statement is inadmissible because it relates to an uncharged crime (conspiracy) and is therefore irrelevant.
- BThe statement is inadmissible because it was made during custodial interrogation without prior Miranda warnings.
- CThe statement is admissible because it was a voluntary statement not made under duress.
- DThe statement is admissible because shoplifting is a minor offense, and Miranda warnings are not required.
Show answer & explanationAnswer & explanation
Correct answer: B. The statement is inadmissible because it was made during custodial interrogation without prior Miranda warnings.
Miranda warnings are required before custodial interrogation regardless of the severity of the offense. The question posed by the officer was designed to elicit an incriminating response.
Why the other options are wrong
- A. The statement's relevance is not the issue; the method of obtaining it violates Miranda.
- C. Voluntariness alone is insufficient; Miranda warnings are a prerequisite for statements from custodial interrogation.
- D. Miranda applies to any custodial interrogation, regardless of the offense's severity.
Miranda Warnings
A set of rights that must be read to a suspect before custodial interrogation to ensure their Fifth Amendment privilege against self-incrimination is protected.
- Right to remain silent.
- Anything said can be used against them in court.
- Right to an attorney.
- If they cannot afford an attorney, one will be provided.
Memory trick: Miranda: 'Custody + Interrogation = Warnings!'