Question 1

If a defendant invokes the Fifth Amendment during a criminal trial and is found guilty, this may be considered at the sentencing phase.

Accepted Answer

The Fifth Amendment protects against self-incrimination, and invoking it cannot be used against a defendant in determining guilt or during sentencing.

Question 2

The following group of amendments governs compulsory self-incrimination:&#10;A) Fourth, Fifth, and Sixth&#10;B) Fourth and Fifth&#10;C) Fourth, Fifth, and Fourteenth&#10;D) Fourth, Sixth, and Fourteenth

Accepted Answer

The only two amendments that deal specifically with self-incrimination are the Fourth and Fifth Amendments. The Fourth Amendment protects against unreasonable searches and seizures and the Fifth Amendment protects against self-incrimination. Neither the Sixth nor Fourteenth Amendments specifically address self-incrimination.

Question 3

The following compels testimony:&#10;A) corpus delecti&#10;B) subpoena&#10;C) habeas corpus&#10;D) writ of certiorari

Accepted Answer

A subpoena is a legal document that compels a person's testimony or the production of evidence in a case. The other options do not directly pertain to compelling testimony. Corpus delecti refers to the evidence of a crime, habeas corpus is a writ that requires a person who has been arrested to be brought before a court, and writ of certiorari is an order by a higher court to review a lower court's decision.

Question 4

A search warrant should be obtained before the following searches except for:&#10;A) those that involve significant pain or physical discomfort&#10;B) penetrate the surface of the body&#10;C) taking blood samples to perform tests for alcohol intoxication&#10;D) involve bodily tissues or fluids

Accepted Answer

Taking blood samples to perform tests for alcohol intoxication can be done without a search warrant in certain circumstances, such as when there has been a valid arrest and the individual is suspected of driving under the influence. However, the other options listed all involve invasive or intrusive searches that would typically require a search warrant.

Question 5

Criminal defendants enjoy the &#34;right to remain silent:&#34;&#10;A) Only during their trial.&#10;B) Only during police custodial interrogations and at their criminal trial.&#10;C) Only during police custodial interrogations, grand jury proceedings, and at their criminal trial.&#10;D) In all legal proceedings, judicial or administrative, formal or informal, criminal or civil criminal.

Accepted Answer

The right to remain silent is a constitutional right that applies to criminal defendants during police custodial interrogations and at their criminal trial, as established by the Fifth Amendment to the U.S. Constitution. While defendants can choose to testify in their own defense during trial, they cannot be compelled to do so, nor can their decision to remain silent be used against them. The right does not apply to non-custodial interrogations, civil proceedings, or administrative hearings.

Question 6

Courts have applied the exigent circumstances exception to the following situations involving bodily intrusive searches except for:&#10;A) reaching into the suspect's mouth to prevent evidence from being swallowed&#10;B) taking a semen sample for rape&#10;C) taking blood samples to perform tests for alcohol intoxication&#10;D) swabbing residues left on the skin

Accepted Answer

The exigent circumstances exception cannot be applied to taking a semen sample for rape as it involves a bodily intrusive search without a warrant and without the suspect's consent. This exception is generally applied in emergency situations where obtaining a warrant would be impractical or could jeopardize the safety of individuals involved. However, obtaining a rape kit requires a warrant or the suspect's consent.

Question 7

All of the following are required to invoke Fifth Amendment protection except for:&#10;A) testimony&#10;B) self-incrimination&#10;C) bodily search&#10;D) compulsion

Accepted Answer

The Fifth Amendment protects individuals from self-incrimination and being compelled to testify against themselves. However, it does not protect against bodily searches or physical evidence collected without the individual's ability to invoke the Fifth Amendment. Therefore, choice C, bodily search, is not required to invoke Fifth Amendment protection.

Question 8

The most common way in which claims of Fifth Amendment privilege are overridden is through:&#10;A) immunity&#10;B) double jeopardy&#10;C) subpoena&#10;D) corpus delecti

Accepted Answer

The most common way in which claims of Fifth Amendment privilege are overridden is through immunity. Immunity removes the danger of self-incrimination and allows a witness to testify without fear of prosecution.

Question 9

Strip searches may be performed on everyone booked in a detention facility.

Accepted Answer

Strip searches are generally performed based on specific criteria such as the nature of the crime, the behavior of the detainee, or credible information suggesting the detainee may be carrying contraband. They are not automatically performed on everyone booked into a detention facility due to privacy and human rights considerations.

Question 10

The following are types of appearance evidence except for:&#10;A) fingerprints&#10;B) body measurements&#10;C) handwriting samples&#10;D) X-rays

Accepted Answer

X-rays are a form of medical evidence and do not pertain to physical appearance. The other choices all involve aspects of a person's physical appearance that can be used for identification purposes.

Question 11

The following are on the list of factors that must be considered to establish the reasonableness of a bodily search except for:&#10;A) compelling the suspect to submit to the procedure&#10;B) probability that the evidence would be found&#10;C) whether a search warrant was obtained&#10;D) the severity of the crime

Accepted Answer

The answer of The following are on the list of...

Question 12

Miranda warnings are not required for field sobriety tests.

Accepted Answer

The answer of Miranda warnings are not required for field...

Question 13

The following decision established the modern framework for evaluating the constitutionality of compelled production of bodily evidence:&#10;A) Schmerber v. California&#10;B) Mallory v. United States&#10;C) Winston v. Lee&#10;D) Cupp v. Murphy

Accepted Answer

The answer of The following decision established the modern framework...

Question 14

Citizens may ignore self-reporting statutes that do the following:&#10;A) apply to a highly select group engaged in criminal activity&#10;B) require them to report information that could, and probably would, lead to their prosecution&#10;C) require them to report income from criminal activities&#10;D) both a & b

Accepted Answer

The answer of Citizens may ignore self-reporting statutes that do...

Question 15

In order to require a suspect to participate in a station house lineup, police do not need further grounds than those required for arrest.

Accepted Answer

The answer of In order to require a suspect to...

Question 16

A suspect's protection from bodily self-incrimination stems from the Fifth Amendment.

Accepted Answer

The answer of A suspect's protection from bodily self-incrimination stems...

Deck 7: Compulsory Self-Incrimination