EXAM Ch 10 Cengage: The Fifth Amendment

Which of the following issues does the Fifth Amendment address?

self-incrimination

What does the Fifth Amendment prohibit the government from doing?

forcing someone to be a witness against himself or herself

What does the Fifth Amendment guarantee to citizens?

due process

According to the Fifth Amendment, what can the government not deprive a person of without due process?

life, liberty, or property

Which is an important part of a confession?

voluntariness

When should the personal characteristics of a suspect be considered?

when determining the voluntariness of a confession

Which of the following is an aspect of determining the voluntariness of a confession?

the conduct of the police

If a court determines that the police used interrogation tactics that overcame the will of the suspect, what would happen to the confession?

The confession would be ruled involuntary.

Which Supreme Court case directly relates to confessions?

Miranda v. Arizona

Who generally uses Miranda v. Arizona as the precedent case in analyzing confession issues?

the courts

Which national document is the Miranda warning based on?

the Constitution

According to the Miranda warning, suspects have the right to which of the following?

a lawyer

Which of the following is part of the Miranda warning?

Anything you say can and will be used against you in court.

Who can suspects have with them during questioning?

their lawyer

When must the Miranda warning be read?

when a suspect is interrogated in police custody

When is a suspect considered to be in police custody?

when the suspect is not free to leave

Imagine that a pedestrian has been stopped by a patrol officer for jaywalking, and the officer suspects the pedestrian is in possession of illegally obtained items. Which of the following statements applies to this situation?

The officer is not required the read the suspect the Miranda rights before proceeding.

If a suspect remains silent after being read the Miranda rights, which of the following is true?

The suspect has not waived his or her rights.

What is required in order for suspects to waive their rights?

Suspects must show that they understand their rights.

If a suspect demonstrates a lack of understanding of the Miranda rights, what must police do?

Police must cease questioning the suspect

What constitutes conduct indicative of a waiver?

agreeing to answer questions

With regard to a trial, what does the Fifth Amendment guarantee?

the right to a grand jury indictment

Which statement is true of the Fifth Amendment?

The Fifth Amendment guarantees rights other than the right to not incriminate oneself.

What does the Fifth Amendment prohibit?

double jeopardy

When the government takes private property, what does the Fifth Amendment guarantee?

appropriate compensation