Deck 6: Fifth Amendment Issues

Question 1

The due process clause of the Fifth Amendment applies to state criminal trials.

Answer 1

False

Question 2

The right to an indictment by a Grand Jury before being tried on a capital or otherwise infamous trial applies to all state criminal trials.

Answer 2

False

Question 3

While states are not required to use the grand jury system, any racial discrimination in selection of grand jury and its foreman violates equal protection clause of Fourteenth Amendment in state criminal cases.

Answer 3

True

Question 4

A grand jury indictment must be based on evidence that is admissible in a criminal trial.

Question 5

When indictment is filled with a trial court, no change can be made in body of instrument, without resubmission of case to grand jury, unless the change is merely a matter of form or the removal of excess wordage.

Question 6

The concept that an individual should be protected from prosecution a second time for the same offense is derived from early English common law.

Question 7

The sweep of double jeopardy clause of Fifth Amendment, where it is applicable, is absolute.

Question 8

Double jeopardy clause does not bar grand jury from returning indictment when prior grand jury has refused to do so.

Question 9

The principle of collateral estoppel prevents introduction of evidence concerning prior similar acts, even those for which defendant has been acquitted, as evidence of identity or motive, for any purpose.

Question 10

Fifth Amendment privilege against self-incrimination protects compelled testimony and not the disclosure of private information.

Question 11

The Fifth Amendment provision as to self-incrimination applies to testimonial self-incrimination and to production of incriminating physical evidence.

Question 12

The privilege against self-incrimination does not apply to resident alien during his investigation into whether he was subject to expulsion from United States as war criminal.

Question 13

In-custody is prerequisite of Miranda requirement; a formal arrest is necessary.

Question 14

Miranda warnings must be given prior to any custodial interrogation regardless of whether individual is suspected of committing felony or misdemeanor.

Question 15

If individual undergoing custodial interrogation must indicates in a clear manner during questioning, that he or she wishes to remain silent, before the interrogation must cease.

Question 16

Double jeopardy clause:

A) protects against second prosecution for same offense after acquittal.
B) protects against second prosecution for same offense after conviction.
C) protects against multiple punishments for same offense.
D) All the above choices are correct.

Question 17

Which of the below statements regarding a grand jury is correct?

A) All states are required to provide grand jury indictments in cases involving infamous crimes.
B) Grand juries may only consider direct evidence.
C) A defendant may challenge a grand jury indictment because it was not based on legally admissible evidence.
D) States are not required to use grand juries.

Question 18

The criteria by which sufficiency of indictment is tested are/is:

A) whether facts stated show essential elements of offense.
B) whether facts alleged are sufficient to permit defendant to plead double jeopardy.
C) whether facts alleged are sufficient to permit defendant to plead former jeopardy in subsequent prosecution.
D) a and b above.
E) a and c above.

Question 19

In which of the below situations could an individual successfully assert the privilege against self incrimination?

A) Defendant is ordered to orally repeat a statement in court.
B) Defendant is ordered to provide a specimen of her signature.
C) Defendant is ordered to participate in a lineup.
D) In all the above situations, the defendant could successfully invoke the privilege.
E) In none of the above situations, the defendant would be successful in invoking the privilege.

Question 20

In which of the below situation was the defendant's Miranda rights violated because he or she was not given the Miranda warnings?

A) Defendant in confinement was questioned by an uncover agent who was pretending to be his buddy.
B) Defendant was questioned in her bedroom after she was taken into custody.
C) Defendant was questioned at a police station after he voluntarily appeared at the station.
D) Defendant driver was handcuffed and asked only his name and ordered to produce his driver's license.

Question 21

Which of the below statements is NOT correct?

A) The burden is on the government to prove by a preponderance of evidence that defendant's statements were voluntary.
B) There is presumption that a custodial confession is involuntary.
C) The defendant bears the burden to show such statement was involuntarily.
D) The court must make independent determination based upon totality of circumstances, resolving all doubts in favor of individual rights and constitutional safeguards.

Question 22

Which of the below situations are considered as exceptions to the Miranda warning requirements?

A) public safety exception
B) in-custody exception
C) When the suspect does not understand the English language.
D) When questioning a parolee.

Question 23

Which of the below statements is NOT correct regarding Fifth Amendment issues?

A) The sole concern of Fifth Amendment privilege against self-incrimination is governmental coercion.
B) Fifth Amendment privilege is not concerned with moral and psychological pressures to confess emanating from sources other than official coercion.
C) A suspect's perception of coercion flowing from "voice of God" is matter to which Federal Constitution does not speak.
D) The Fifth Amendment covers both testimonial and non-testimonial self incrimination.

Question 24

Which of the below statements is NOT correct regarding criminal prosecutions?

A) The prosecution may comment on accused's silence
B) A court may not infer that silence of the part of the defendant is evidence of guilt.
C) Defendant's voluntary statement taken without compliance with the Miranda rule is admissible to rebut the defendants in court testimony.
D) All the above statements are not correct.

Question 25

The privilege against self-incrimination does not extend to the right to refuse to:

A) files any state or federal income tax return.
B) discloses the source of funds found on a defendant.
C) explains why a defendant was at the crime scene.
D) explains why a defendant was wearing a red shirt.

Question 26

What constitutes "in custody" for purposes of the Miranda requirements?

Question 27

What constitutes "interrogation" for purposes of the Miranda requirements?

Question 28

What types of statements made by a defendant may be used against her in a criminal trial?

Question 29

What tricks may be used to get a suspect to confess?

Question 30

Under what circumstances may an involuntary confession be used against a defendant?