Question 1

Which of the following is not one of the double jeopardy provisions of the Fifth Amendment?

Accepted Answer

The double jeopardy clause in the Fifth Amendment primarily protects individuals from being tried more than once for the same crime, making options B, C, and D consistent with its provisions. Option A incorrectly suggests that the amendment sometimes allows for retrials for the same crime, which contradicts the core principle of double jeopardy, except under specific circumstances not implied by the option's phrasing.

Question 2

Mistrials maybe declared for which of the following reasons?

Accepted Answer

Mistrials can be declared for various reasons including deadlocked juries, prosecutorial misconduct, and procedural violations, making all the options valid reasons for a mistrial.

Question 3

The double jeopardy clause includes three essential protections for American citizens:

Accepted Answer

The double jeopardy clause, found in the Fifth Amendment of the U.S. Constitution, protects individuals from being tried twice for the same offense, which includes protection against a second prosecution after acquittal, a second prosecution after conviction, and multiple punishments for the same offense.

Question 4

The double jeopardy clause does all but one of the following?

Accepted Answer

The double jeopardy clause does not attach in cases where different standards of proof apply, as it primarily prevents an individual from being tried twice for the same offense in the same jurisdiction. The clause is applicable in situations involving the same offense and jurisdiction, regardless of the standards of proof, prosecutorial misconduct, or the separate sovereigns exception, and it does not apply to parole violation hearings, recognizing the separate sovereigns exception and providing protection against prosecutorial misconduct.

Question 5

The right to due process is guaranteed to all citizens in all courts through the incorporation of which Amendment?

Accepted Answer

The Fourteenth Amendment incorporates the right to due process, ensuring that state and local governments also uphold this fundamental right.

Question 6

Which Amendment affords American citizens the freedom from impressment of personal property and the prohibition against self-incrimination?

Accepted Answer

The Fifth Amendment to the United States Constitution includes protections against self-incrimination and implicitly protects against the impressment of personal property without due process.

Question 7

The Fifth Amendment, and all of the provisions contained therein, were applied to state courts through which Amendment in 1964:

Accepted Answer

The Fourteenth Amendment, particularly through its Due Process Clause, has been used by the Supreme Court to apply most of the protections in the Bill of Rights to the states, including many of the protections of the Fifth Amendment. This process is known as incorporation.

Question 8

Which court case created a comprehensive framework for custodial interrogations?

Accepted Answer

Miranda v. Arizona established the Miranda rights, a comprehensive framework for protecting a suspect's Fifth Amendment rights during custodial interrogation by requiring police to inform suspects of their rights.

Question 9

The "bright line rule":

Accepted Answer

The "bright line rule" specifically refers to the prohibition against further questioning by authorities once a suspect has requested the assistance of counsel, to prevent the suspect from being worn down and incriminated despite their request for legal representation. This rule is designed to protect the rights of the accused.

Question 10

The "rights of the accused" are all but one of the following:

Accepted Answer

The right to an attorney during questioning is guaranteed, and if the accused cannot afford an attorney, one will be provided for them at no cost. This makes choice C incorrect as it suggests the accused must pay for their attorney, which contradicts the principle that legal representation should be available regardless of the accused's financial situation.

Question 11

The "rights of the accused" does not attach in which of the following?

Accepted Answer

The "rights of the accused," such as Miranda rights, do not attach during Terry stops (brief detentions based on reasonable suspicion), routine booking questions (which are part of the administrative process of arrest), or questioning by non-law enforcement persons (since Miranda rights specifically pertain to custodial interrogation by law enforcement officials).

Question 12

Miranda warnings are not necessary in which of the following are present?

Accepted Answer

Miranda warnings are not necessary under certain exigent circumstances where there is an urgent need, a possibility to save human life, and the primary motive of the interrogator is rescue. These exceptions are designed to prioritize immediate safety and rescue efforts over procedural formalities.

Question 13

The Confrontation Clause of the Sixth Amendment provides for the cross-examination of all individuals and entities providing evidence against the accused. The Court has ruled that the introduction of statements made by co-conspirators/co-defendants is permissible only in special situations. Statements or confessions by co-defendants are only admissible against the defendant if:

Accepted Answer

The Confrontation Clause allows for the cross-examination of witnesses, but the Supreme Court has made exceptions, such as in cases where co-defendants are tried separately or a defendant's charges are dropped, allowing their statements to be used under certain conditions. Additionally, if a co-defendant takes the stand, their statements can also be used, as they are subject to cross-examination.

Question 14

Which of the following court cases state that because a State may dispense with a jury trial, it does not follow that it may substitute trial by ordeal.

Accepted Answer

Brown v. Mississippi (1936) is the case that established the principle that a state cannot substitute trial by ordeal for a jury trial. This case involved the conviction of African American defendants based on confessions obtained through severe police brutality, which the Supreme Court found to be a violation of due process.

Question 15

Which of the following court cases was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired?

Accepted Answer

Escobedo v. Illinois (1964) was the first time the Supreme Court ruled that defendants had the right to consult with an attorney if they so desired, emphasizing the right to counsel during police interrogations.

Question 16

Law enforcement officers in the United States are prohibited from extracting confessions through the use of physical torture, and they are totally forbidden from collecting such through a variety of deceptive strategies, including:

Accepted Answer

In the United States, law enforcement officers are prohibited from using physical torture to extract confessions, but they are allowed to use certain deceptive strategies, including lies, promises, and threats, as long as they do not violate constitutional rights or due process.

Question 17

The protection housed within the 5^th Amendment applies in which of the following:

Accepted Answer

The 5th Amendment primarily protects against self-incrimination in communicative or testimonial contexts, meaning individuals cannot be compelled to provide evidence against themselves that is communicative in nature, such as spoken words, writings, or any other form of communication that could incriminate them.

Question 18

In what court case did the Court consider whether drawing a sample of blood from an unconscious driver who smelled of alcohol violated the 5^th Amendment's protection against compulsory testimony and/or the 14^th Amendment's guarantee of due process?

Accepted Answer

Breithaupt v. Abram is the case where the Court considered whether drawing a blood sample from an unconscious driver suspected of being under the influence of alcohol violated the Fifth Amendment's protection against self-incrimination or the Fourteenth Amendment's guarantee of due process. The Court held that such a procedure did not violate these constitutional protections.

Question 19

The Sixth Amendment to the United States Constitution includes provisions and/or prohibitions regarding: the grand jury system, double jeopardy, due process, and impressment of private property.

Accepted Answer

The Sixth Amendment addresses the rights of criminal defendants, including the right to a speedy and public trial, an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining witnesses in their favor, and to have the Assistance of Counsel for their defense. It does not cover the grand jury system, double jeopardy, due process, or impressment of private property; these are addressed in other amendments (Fifth and Seventh Amendments for grand jury and double jeopardy, Fifth Amendment for due process, and the Third and Fourth Amendments concerning the quartering of soldiers and search and seizure, respectively).

Question 20

Double jeopardy provisions prohibit trying of an individual more than once for the same crime.

Accepted Answer

Double jeopardy is a legal principle that prevents an individual from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

Quiz 7: Confessions