Question 1

A defendant has the Right to Counsel at the arraignment, at preliminary hearings, during most police interrogations, during a lineup, at trial, and at sentencing.

Accepted Answer

The Sixth Amendment of the U.S. Constitution guarantees the right to counsel at critical stages of criminal proceedings, including arraignment, preliminary hearings, police interrogations, lineups, trial, and sentencing.

Question 2

The Right to Counsel, including free counsel for indigent defendants, stops after the verdict is rendered in the trial. Obtaining counsel for post-trial appeals is the responsibility of the defendant.

Accepted Answer

The right to counsel extends to the first appeal as of right, and indigent defendants are entitled to free legal representation during this stage.

Question 3

"Use Immunity" is a broad form of immunity in which the person cannot be prosecuted for any action related to the testimony, as long as the person testifies truthfully.

Accepted Answer

"Use Immunity" only protects the individual from prosecution based on the testimony they provide or evidence derived directly from their testimony, not from all actions related to the testimony.

Question 4

"Use Immunity" is a limited form of immunity in which the person's testimony cannot be used as evidence against them.

Accepted Answer

"Use Immunity" protects a witness from having their own testimony used against them in future prosecutions, although it does not prevent the prosecution from using other evidence to charge the witness with a crime.

Question 5

The principle that conversations between client and counsel are privileged in order to encourage full and frank discussion between them is called Priest-Penitent Privilege.

Accepted Answer

The principle that protects conversations between client and counsel is called Attorney-Client Privilege, not Priest-Penitent Privilege.

Question 6

Private conversations between husband and wife are privileged to protect marriages from the destructive effects of being compelled to testify against one another.

Accepted Answer

The spousal privilege, also known as marital privilege or spousal testimonial privilege, is a legal protection that prevents a spouse from being compelled to testify against their partner in court, aiming to protect the sanctity and privacy of marital communications.

Question 7

The Supreme Court has ruled that the protection of conversations between a patient and his/her psychiatrist "serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem."

Accepted Answer

The Supreme Court has recognized the importance of confidential communications between a patient and a psychiatrist, stating that such confidentiality serves the public interest by encouraging individuals to seek the treatment they need without fear of exposure. This principle was notably affirmed in the case of Jaffee v. Redmond (1996), where the Court acknowledged the psychotherapist-patient privilege within the context of federal law.

Question 8

If a person confesses to a crime, but was not first informed of his/her rights, the confession will be inadmissible at trial.

Accepted Answer

In the United States, if a person is not informed of their Miranda rights, which include the right to remain silent and the right to an attorney, any confession they make while in custody may be deemed inadmissible in court. This is because the confession could be considered not voluntarily made with understanding of these rights.

Question 9

Any law enforcement official who questions you must read you the Miranda warning.

Accepted Answer

The Miranda warning is only required to be read by law enforcement officials if a person is in custody and subject to interrogation. It is not required for all interactions with law enforcement.

Question 10

Because the law recognizes only husband-wife privilege, legally married same sex couples do not enjoy the same privilege.

Accepted Answer

Legally married same-sex couples enjoy the same spousal privileges as opposite-sex couples, including husband-wife privilege, due to legal recognitions and rulings such as the Supreme Court's decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide in the United States.

Question 11

Courts cannot compel a person to produce a DNA sample.

Accepted Answer

Courts can compel a person to produce a DNA sample under certain circumstances, especially in criminal cases where the DNA evidence is deemed necessary for the investigation or trial.

Question 12

Most states require defendants to be tried within a year of being arrested.

Accepted Answer

Most states have speedy trial laws that generally require defendants to be tried within a certain timeframe, often within a year, to ensure a fair and timely trial.

Question 13

Statutes of limitation determine how much time can pass after a crime has been committed, within which a person can be prosecuted for that crime.

Accepted Answer

Statutes of limitation set the maximum time after an event within which legal proceedings may be initiated. For criminal cases, this means the time after a crime has been committed within which charges must be filed.

Question 14

The Speedy Trial Act of 1974 set strict time limits to try defendants in the federal system.

Accepted Answer

The Speedy Trial Act of 1974 was enacted to ensure that federal criminal defendants have a speedy trial by setting specific time limits within which defendants must be brought to trial.

Question 15

A person is in custody if he or she is not free to leave.

Accepted Answer

Custody implies that a person is under arrest or otherwise deprived of freedom of action in a significant way, meaning they are not free to leave.

Question 16

Confessions may only be used against a defendant if the prosecution can show they followed the procedures laid out in Miranda, and they did not coerce or otherwise extract a confession from the defendant.

Accepted Answer

Confessions are admissible in court only if they were obtained following the procedures outlined in Miranda v. Arizona, which requires informing the defendant of their rights, and if the confession was given voluntarily, without coercion or improper inducement by law enforcement.

Question 17

The right to remain silent is not without limits.

Accepted Answer

The right to remain silent, while a fundamental legal protection, is subject to certain limitations and conditions depending on the jurisdiction, such as the requirement to identify oneself to law enforcement or the potential for adverse inferences in some legal systems.

Question 18

The first legal proceeding after being arrested is the preliminary hearing.

Accepted Answer

The first legal proceeding after being arrested is usually the arraignment, where the charges are read, and the defendant is asked to enter a plea.

Question 19

The right embodied in the Fifth Amendment that allows an accused person to remain silent is the right _______________.

Accepted Answer

The answer of The right embodied in the Fifth Amendment...

Question 20

The court appearance shortly after the suspect's arrest where the suspect is informed of specific rights is the___________________.

Accepted Answer

The answer of The court appearance shortly after the suspect's...

Quiz 12: Constitutional Rights After Arrest