Deck 5: Privilege Against Compulsory Self-Incrimination

Question 1

Which U.S. Constitutional Amendment reads in part, "no person shall be compelled in any criminal case to be a witness against himself"?

A) 1st Amendment
B) 4th Amendment
C) 5th Amendment
D) 8th Amendment

Answer 1

5th Amendment

Question 2

The Supreme Court's majority opinion in ________ stated that the privilege is needed to prevent the police from extracting false confessions through torture or threats.

A) Mapp v. Ohio
B) Terry v. Ohio
C) Miranda v. Arizona
D) Texas v. Johnson

Answer 2

Miranda v. Arizona

Question 3

One test for whether a statement is considered testimonial is:

A) whether it is capable of being true or false.
B) if it was taken in the field rather than in a police unit.
C) if the statement was taken while the suspect was handcuffed and not free to go.
D) if the statement was taken after being taken before a judge.

Answer 3

whether it is capable of being true or false.

Question 4

The Supreme Court has held that convictions which rest upon confessions shown to have been extorted are a violation of the due process of law required by the ________ and must be reversed.

A) 1st Amendment
B) 4th Amendment
C) 5th Amendment
D) 14th Amendment

Question 5

To determine if a confession is involuntary, the court uses the:

A) "Wilson Roger's test."
B) "Rowe factor test."
C) "the right or wrong test."
D) "totality of circumstances test."

Question 6

Confessions which violate the Miranda rules may still be used for certain limited purposes, for example:

A) for use in a grand jury hearing.
B) for impeachment when the defendant takes the stand in his or her own defense.
C) for use in the development of a probable cause affidavit.
D) for use in a sentencing hearing.

Question 7

What are two types of due process violations?

A) Positive and negative
B) Objective and subjective
C) Substantive and procedural
D) Individual and collective

Question 8

Which of the following is NOT part of the Miranda warning?

A) Anything you say can and will be used against you in court.
B) If you cannot afford an attorney, one will be appointed for you.
C) You have a right to consult with a lawyer prior to being arrested.
D) You have the right to remain silent.

Question 9

Two conditions must be present prior to issue of Miranda warnings. First, ________ and second, there must be interrogation.

A) the individual must be the subject of an investigation
B) the suspect must be in custody
C) the suspect must be given the warning prior to arrest
D) the suspect must agree to the warnings in writing

Question 10

Interrogation includes any words or actions by the police that the police should know are reasonably likely to elicit:

A) any response from the suspect.
B) an incriminating response from the suspect.
C) a full confession from the suspect.
D) an admission from the suspect.

Question 11

Under the Miranda definition, a person is in custody when:

A) the individual is told they are under arrest and not free to go.
B) the individual is otherwise deprived of his or her freedom of action in any significant way.
C) the individual is taken to the police headquarters with the intent to be arrested.
D) All of the above are correct.

Question 12

In ________ the Supreme Court stated that Miranda warnings need not be given in a situation involving a threat to public safety.

A) New York v. Quarles
B) Texas v. Johnson
C) Carroll v. United States
D) Lawrence v. Texas

Question 13

In Brewer v. Williams, the Supreme Court held that the Sixth Amendment right to counsel attaches:

A) at the moment of arrest.
B) when adversary judicial proceedings begin.
C) at the moment the police tell the individual they are detained.
D) only at the time after the first appearance.

Question 14

The Massiah case was the first case to hold that right to counsel:

A) attaches prior to trial.
B) is not a guaranteed right.
C) attaches at first police contact.
D) attaches at the moment of police detention.

Question 15

The U.S. Supreme Court held in ________ that interrogations by an undercover agent did not require the Miranda warnings because the suspect is unaware that he or she is being interrogated and therefore the coerciveness generally present is missing.

A) Texas v. Johnson
B) Chimel v. California
C) Illinios v. Gates
D) Illinois v. Perkins

Question 16

Who was the American terrorist who detonated a truck bomb in front of the Alfred P. Murrah Federal Building in Oklahoma City on April 19, 1995?

A) Timothy James "Tim" McVeigh
B) Johnny Bench
C) Richard Ramirez
D) John Stout

Question 17

The Supreme Court held that the "required records exception" applied to a California statute that required anyone involved in an accident to stop at the scene and leave his or her name and address.

A) California v. Byers
B) Texas v. Johnson
C) Lefkowitz v. Turley
D) Boyd v. United States

Question 18

In United States v. Conte, a court of appeals held that the state ________ at a probation revocation proceeding on the grounds that it was not a criminal case.

A) could NOT force an individual to testify
B) could force an individual to testify
C) may let an individual either testify or not
D) had no compelling interest

Question 19

The privilege against self-incrimination applies if:

A) there is any possibility of criminal sanctions.
B) it is related to physical evidence.
C) it is related to a civil case.
D) it is related to a business entity.

Question 20

The purpose of the ________ is to promote the protection of privacy.

A) Second Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Eighth Amendment

Question 21

The Supreme Court has concluded that there was a historical connection between the privilege against forced self-incrimination and the law of:

A) detention
B) consent
C) confessions
D) accord

Question 22

The Supreme Court, in ________, held that the privilege protects individuals from answering any questions in any proceedings if the answers might incriminate them in a future criminal proceeding.

A) California v. Byers
B) Texas v. Johnson
C) Lefkowitz v. Turley
D) Boyd v. United States

Question 23

The Supreme Court has held that the prohibition against being a witness against him or herself also applies to out-of-court confessions and compelled admissions.

Question 24

Evidence is not protected by the privilege of self-incrimination unless the evidence is testimonial in nature.

Question 25

The Supreme Court has held that the contents of an existing document are not protected by the Fifth Amendment since the preparations of those documents were not compelled by the government.

Question 26

The Supreme Court has held that a motorist has a Fifth Amendment protection from giving his/her name at the scene of an accident.

Question 27

The Fifth Amendment protection against self-incrimination equally applies to business entities as individuals.

Question 28

The privilege against self-incrimination applies only to criminal cases.

Question 29

The state can force an individual to testify at a probation revocation hearing.

Question 30

Failure to assert the privilege of self-incrimination results in its being lost.

Question 31

Merely a threat of violence is insufficient to render a confession involuntary.

Question 32

Falsely telling a defendant that his fingerprints were found at the scene invalidates a confession.

Question 33

The opinion in Miranda v. Arizona expressly rejected the "due process" test.

Question 34

The court has ruled that there is nothing inherently wrong with the police's efforts to create a favorable climate for confession even though designed to gain a psychological advantage.

Question 35

Confessions taken after lengthy interrogations during incommunicado detention have been considered involuntary.

Question 36

The Court has ruled that the police must stop questioning when the person invokes his or her rights to remain silent or to speak to an attorney.

Question 37

If the Miranda Warning is not read prior to arrest, then the case will be dismissed.

Question 38

The privilege against self-incrimination applies if there is any possibility of ________ sanctions.

Question 39

Failure to assert the privilege of self-incrimination results in its being ________.

Question 40

The Fifth Amendment protection against self-incrimination does not apply to ________.

Question 41

The privilege against self-incrimination applies only to ________ cases.

Question 42

The privilege against self-incrimination applies if there is any possibility of criminal ________.

Question 43

The ________ case banned the use of confessions obtained by physical torture.

Question 44

The Supreme Court, in Spano v. New York, banned the use of confessions obtained by ________.

Question 45

The Supreme Court in Arizona v. Fulminate, held that the ________ was sufficient to render a confession involuntary.

Question 46

The police falsely telling a defendant that his ________ were found at the scene does not invalidate the confession.

Question 47

There are two types of due process violations: substantive and ________.

Question 48

Explain the scope of the privilege from self-incrimination, which includes four basic parts.

Question 49

What is the purpose of the privilege against compulsory self-incrimination?

Question 50

Explain the difference between testimonial and physical evidence as it relates to privilege against compulsory self-incrimination.

Question 51

Explain why handwriting exemplars would not be considered testimonial evidence protected by the privilege of self-incrimination.

Question 52

Explain the voluntariness test as it relates to confessions and or admissions.

Question 53

Explain the two types of due process violations.

Question 54

ʺIn custodyʺ has great meaning toward Miranda. Explain what this actually means as it relates to the Miranda warning and what implications abound.

Question 55

Explain why a public safety exception to the Miranda Warning was adopted by the U.S. Supreme Court.