The Fifth Amendment MCQ

_____ is to waive one’s rights pursuant to Miranda, it must be voluntary (no coercion), intelligent (know the consequences of the rights given up), and knowing (understand the function of Miranda protections).

Answer

Correct Answer: Voluntary, intelligent, and knowing waiver

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Is trickery and deceit a legal interrogation technique where investigators lie to the suspect to induce a confession?

Answer

Correct Answer: True

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_____ is known as do without fail. During interrogation, if a suspect expresses a desire to stop talking or to speak to an attorney, officers must stop questioning immediately.

Answer

Correct Answer: Scrupulously honor

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_____ is defined as suspect informs law enforcement that he wishes to exercise either his right to remain silent or to have counsel present during questioning

Answer

Correct Answer: Invoking Miranda

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_____ is questioning by law enforcement designed to elicit incriminating information

Answer

Correct Answer: Interrogation

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Is inevitable discovery the judgment that illegally obtained evidence would eventually have been discovered by police as they proceeded in their immediate investigation, making the evidence in question admissible at trial?

Answer

Correct Answer: True

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_____ is known as An exception to the exclusionary rule; illegally obtained evidence may be admissible if it is discovered from a source independent of the officers’ initial illegal conduct

Answer

Correct Answer: Independent source

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_____ is defined as a systematic process whereby guilty suspects are induced to confess

Answer

Correct Answer: Inbau and Reid nine steps

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_____ is Words or actions similar to an interrogation that officers should know might lead the suspect to make incriminating statements

Answer

Correct Answer: Functional equivalent

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Is fifth Amendment protects against compelled self-incrimination, requires an indictment for “infamous” crimes, prevents double jeopardy?

Answer

Correct Answer: True

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_____ is known as a situation in which a suspect perceives that he or she is not free to leave, even if not formally under arrest

Answer

Correct Answer: Custody

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_____ is defined as the body of the crime

Answer

Correct Answer: Corpus delicti

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_____ is a statement by which the suspect or defendant accepts full responsibility for the crime charged

Answer

Correct Answer: Confession

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Lies and deceit during interrogations are legal, but not to obtain a waiver of Miranda rights.

Answer

Correct Answer: True

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A waiver of Miranda rights must be involuntary, intelligent, and knowing.

Answer

Correct Answer: False

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A court may admit illegally obtained evidence if it was discovered through a source not connected to the initial illegality.

Answer

Correct Answer: True

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Exceptions to the giving of Miranda warnings applies to all of the following circumstances EXCEPT______.

Answer

Correct Answer: An interrogation in custody

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The double interviewing technique was held illegal in the Missouri v. Seibert (2004) case because the U.S. Supreme Court found the purpose of the technique was to______.

Answer

Correct Answer: Obtain a confession the suspect would not make if she understood her rights

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The Sixth Amendment right to counsel, as opposed to the right to counsel offered by the Miranda warnings, attaches at all of the following circumstances EXCEPT______.

Answer

Correct Answer: An offender’s execution

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If a suspect invokes his right to remain silent and officers scrupulously honors his right, officers may come back and try again to interrogate a suspect after waiting a minimum of how many hours?

Answer

Correct Answer: 2

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Interrogation is questioning designed to elicit from suspect’s incriminating______.

Answer

Correct Answer: Information

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In the Howes v. Fields (2012) case, officers escorted a prisoner to and from his cell to an enclosed conference room where the prisoner confessed to child sex abuse, a crime for which he was convicted. The U.S. Supreme Court held that Miranda warnings were not required before the prisoner’s confession because he was not______.

Answer

Correct Answer: In custody

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To determine if a suspect is in custody, a court will examine all of the following circumstances EXCEPT______.

Answer

Correct Answer: Active duty law enforcement

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The so-called Miranda warnings must be given to a suspect before______.

Answer

Correct Answer: Custodial interrogation

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In the Miranda v. Arizona (1966) case, the U.S. Supreme Court held warning suspects of their rights was necessary to counterbalance the psychological pressure of a(n) ______.

Answer

Correct Answer: Custodial interrogation

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Inbau and Reid suggest during an interrogation that when a suspect offers an excuse, he is “objecting” to the officer’s belief in his guilt. The officer should take the suspect’s excuse and then______.

Answer

Correct Answer: Incorporate the objection back into the interrogation theme

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The Inbau and Reid interrogation techniques suggest law enforcement work through how many steps to induce a guilty suspect to confess?

Answer

Correct Answer: Nine

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The Fifth Amendment prohibits the government from using suspects and defendants as witnesses against______.

Answer

Correct Answer: Themselves

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