Criminal Procedure Unit 3
Falsely telling a defendant that his fingerprints were found at the scene invalidates a confession. True or False?
False
If the Miranda Warning is not read prior to arrest, then the case will be dismissed. True or False?
False
Merely a threat of violence is insufficient to render a confession involuntary. True or False?
False
The Supreme Court has held that a motorist has a Fifth Amendment protection from giving his/her name at the scene of an accident. True or False?
False
The opinion in Miranda v. Arizona expressly rejected the ʺdue processʺ test. True or False?
False
Confessions taken after lengthy interrogations during incommunicado detention have been considered involuntary. True or False?
True
Evidence is not protected by the privilege of self-incrimination unless the evidence is testimonial in nature. True or False?
True
Failure to assert the privilege of self-incrimination results in its being lost. True or False?
True
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. True or False?
True
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. True or False?
True
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. True or False?
True
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. True or False?
True
The privilege against self-incrimination applies only to criminal cases. True or False?
True
The state can force an individual to testify at a probation revocation hearing. True or False?
True
The Fifth Amendment protection against self-incrimination equally applies to business entities as individuals. True or False?
False
