Question 1

In this chapter, Miranda warnings are covered under the ____ Amendment? A) 5^th B) 4^th C) 8^th D) 14^th

Accepted Answer

The Miranda warnings are covered under the 5th Amendment, which protects against self-incrimination.

Question 2

In which of the following cases was a suspect arrested for rape and kidnapping?&#10;A) Maryland v. Shatzer&#10;B) Berghuis v. Thompkins&#10;C) Miranda v. Arizona&#10;D) Kastigar v. United States.

Accepted Answer

In Miranda v. Arizona, Ernesto Miranda was arrested for kidnapping and rape. This case led to the establishment of the Miranda rights, which require police to inform suspects of their rights to silence and legal counsel during criminal interrogations.

Question 3

The rights to remain silent and to have an attorney during questioning are part of the ________________ warnings.&#10;A) Ashley Warnings&#10;B) Amanda Warnings&#10;C) Maryland Warnings&#10;D) Miranda Warnings

Accepted Answer

The rights to remain silent and to have an attorney during questioning are commonly known as Miranda Warnings, named after the Miranda v. Arizona supreme court case that established them as a legal requirement during the questioning of suspects in a criminal investigation.

Question 4

Which of the following is one of the functions served by the right to assistance of counsel?&#10;A) mitigate the dangers of untrustworthiness&#10;B) reduce the likelihood of coercion&#10;C) guarantee the accuracy of any statement given to the police and reported to the prosecution&#10;D) all of the above

Accepted Answer

The right to assistance of counsel serves to mitigate the dangers of untrustworthiness by ensuring that the accused has someone knowledgeable and experienced to advocate for their interests. This also helps to reduce the likelihood of coercion by the police or prosecution, as the accused has a knowledgeable advocate who can counsel them against self-incrimination or other problematic actions. Finally, assistance of counsel can help to guarantee the accuracy of any statements given to the police and reported to the prosecution, as the lawyer can help ensure that the accused's statements are accurately recorded and reported.

Question 5

_________________________ requires the officer to give Miranda warnings.&#10;A) speaking to a police officer&#10;B) custodial interrogation&#10;C) being arrested&#10;D) all of the above

Accepted Answer

The answer of _________________________ requires the officer to give Miranda...

Question 6

In Berkemer v. McCarty, the Supreme Court ruled&#10;A) Miranda warnings were not required during routine traffic stops.&#10;B) Miranda warnings were required during custodial interrogation.&#10;C) Once Miranda warnings were invoked, police questioning must cease.&#10;D) all of the above

Accepted Answer

The answer of In Berkemer v. McCarty, the Supreme Court...

Question 7

In which of the following cases did the Court state that once a defendant asks for an attorney all questioning must stop?&#10;A) Edwards v. Arizona&#10;B) New York v. Quarles&#10;C) Berkemer v. McCarty&#10;D) Arizona v. Roberson

Accepted Answer

In Edwards v. Arizona, the Court held that once a defendant asks for an attorney, all questioning must stop until an attorney is present. This is known as the "Edwards rule."

Question 8

What occurred in the case of Maryland v. Shatzer?&#10;A) a break in police custody allowed for the use of incriminating statements in a subsequent interview.&#10;B) a suspect was arrested for rape and kidnapping.&#10;C) the Supreme Court carved out a public safety exception to the Miranda warnings.&#10;D) none of the above.

Accepted Answer

In Maryland v. Shatzer, a suspect was initially interviewed without Miranda warnings and then released back into the general population. Two and a half years later, he was arrested for a separate crime, and during a subsequent interview, he waived his Miranda rights and made incriminating statements. The Supreme Court held that the break in custody was enough to allow for the use of the incriminating statements in the subsequent interview.

Question 9

A _______________ of Miranda rights must be done knowingly and voluntarily.&#10;A) consent&#10;B) expression&#10;C) acceptance&#10;D) waiver

Accepted Answer

The term "waiver" refers specifically to the giving up of one's Miranda rights. To be valid, a waiver must be done knowingly and voluntarily, meaning that the person must understand their rights and the consequences of giving them up, and must do so without any coercion or pressure from law enforcement. Thus, choice D, waiver, is the most appropriate option.

Question 10

Which of the following is not a consideration when determining if a waiver was made knowingly?&#10;A) education level&#10;B) age&#10;C) sex&#10;D) intelligence

Accepted Answer

Education level, age, and intelligence are all factors that can impact a person's ability to understand the consequences of waiving their rights. However, sex is not typically considered a relevant factor in determining whether a waiver was made knowingly.

Question 11

What occurred in New York v. Quarles?&#10;A) a public safety exception was carved out of the Miranda warnings.&#10;B) Miranda warnings were deemed unnecessary during routine traffic stops.&#10;C) a break in custody allowed for the use of incriminating statements&#10;D) a defendant voluntarily made statements after invoking their Miranda rights.

Accepted Answer

The answer of What occurred in New York v. Quarles?&#10;A)...

Question 12

A totality of the circumstances is used to determine if a waiver of Miranda rights was done __________________________.&#10;A) orally&#10;B) knowingly&#10;C) expressly&#10;D) in writing

Accepted Answer

The answer of A totality of the circumstances is used...

Question 13

Immunity can be use or ________________.&#10;A) transferal&#10;B) compelled&#10;C) transactional&#10;D) transitional

Accepted Answer

The answer of Immunity can be use or ________________.&#10;A) transferal&#10;B)...

Question 14

Use immunity is defined as?&#10;A) immunity that prevents the government from using the testimony of the defendant or witness against him or her in the trial of that matter. But future new evidence can be used against them.&#10;B) immunity that prevents the government from using the testimony of the defendant or witness against him or her in trial, including any future evidence.&#10;C) immunity that prevent the use of any testimony given by others to be used against the defendant or witness in trial. But future new evidence can be used against them.&#10;D) immunity that prevent the use of any testimony given by others to be used against the defendant or witness in trial, including any future new evidence.

Accepted Answer

The answer of Use immunity is defined as?&#10;A) immunity that...

Question 15

What case overturned the ruling in Counselman v. Hitchcock?&#10;A) New York v. Quarles&#10;B) Berghuis v. Butler&#10;C) North Carolina v. Butler&#10;D) Kastigar v. United States

Accepted Answer

The answer of What case overturned the ruling in Counselman...

Question 16

There are 4 specific parts to Miranda warnings.

Accepted Answer

The answer of There are 4 specific parts to Miranda...

Question 17

Miranda warnings only need to be read during custodial interrogations.

Accepted Answer

The answer of Miranda warnings only need to be read...

Question 18

The 5^thAmendment provides the right to an attorney during trial.

Accepted Answer

The answer of The 5^thAmendment provides the right to...

Question 19

Miranda rights can be waived orally.

Accepted Answer

The answer of Miranda rights can be waived orally....

Question 20

After invoking their right to counsel, a defendant must be allowed to speak with an attorney before the interrogation may begin again.

Accepted Answer

The answer of After invoking their right to counsel, a...

Deck 9: The 5th Amendment