Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

What is one essential requirement of custodial interrogation?

1. The person must be under surveillance

2. The individual must be informed of their rights

3. The suspect must confess first

4. The questioning cannot be recorded

The correct answer is: The individual must be informed of their rights

One essential requirement of custodial interrogation is that the individual must be informed of their rights. This reflects the well-established legal principle known as the Miranda rights, which stem from the U.S. Supreme Court case Miranda v. Arizona. These rights are designed to protect an individual's Fifth Amendment right against self-incrimination and ensure they understand their right to counsel. When law enforcement officers take a suspect into custody and initiate interrogation, they are legally obligated to inform the suspect of their Miranda rights. This includes the right to remain silent and the right to an attorney. Only after these rights are communicated can the interrogation proceed in a manner that protects the integrity of the legal process and the rights of the individual being questioned. In contrast, the other options do not represent essential requirements of custodial interrogation. While factors such as surveillance or the presence of recording equipment may be considerations in certain contexts, they are not stipulated as necessary components of the interrogation process itself. It is also not required for a suspect to confess before being informed of their rights; doing so only occurs after rights have been communicated.