Question 1

While states are not required to use the grand jury system, any racial discrimination in selection of grand jury and its foreman violates equal protection clause of Fourteenth Amendment in state criminal cases.

Accepted Answer

A) True 
 B)False

Question 2

Miranda warnings must be given prior to any custodial interrogation regardless of whether individual is suspected of committing felony or misdemeanor.

Accepted Answer

A) True 
 B)False

Question 3

Which of the below statements is NOT correct?

Accepted Answer

A)   The burden is on the government to prove by a preponderance of evidence that defendant's statements were voluntary.
B)   There is presumption that a custodial confession is involuntary.
C)   The defendant bears the burden to show such statement was involuntarily.
D)   The court must make independent determination based upon totality of circumstances, resolving all doubts in favor of individual rights and constitutional safeguards.E) A) and B)
F) C) and D)

Question 4

Fifth Amendment privilege against self-incrimination protects compelled testimony and not the disclosure of private information.

Accepted Answer

A) True 
 B)False

Question 5

What constitutes "in custody" for purposes of the Miranda requirements?

Accepted Answer

"In custody" for purposes of the Miranda...

Question 6

In which of the below situation was the defendant's Miranda rights violated because he or she was not given the Miranda warnings?

Accepted Answer

A)   Defendant in confinement was questioned by an uncover agent who was pretending to be his buddy.
B)   Defendant was questioned in her bedroom after she was taken into custody.
C)   Defendant was questioned at a police station after he voluntarily appeared at the station.
D)   Defendant driver was handcuffed and asked only his name and ordered to produce his driver's license.E) C) and D)
F) None of the above

Question 7

A grand jury indictment must be based on evidence that is admissible in a criminal trial.

Accepted Answer

A) True 
 B)False

Question 8

What types of statements made by a defendant may be used against her in a criminal trial?

Accepted Answer

In a criminal trial, various types of st...

Question 9

The concept that an individual should be protected from prosecution a second time for the same offense is derived from early English common law.

Accepted Answer

A) True 
 B)False

Question 10

The Fifth Amendment provision as to self-incrimination applies to testimonial self-incrimination and to production of incriminating physical evidence.

Accepted Answer

A) True 
 B)False

Question 11

Double jeopardy clause does not bar grand jury from returning indictment when prior grand jury has refused to do so.

Accepted Answer

A) True 
 B)False  True

Question 12

Which of the below situations are considered as exceptions to the Miranda warning requirements?

Accepted Answer

A)   public safety exception
B)   in-custody exception
C)   When the suspect does not understand the English language.
D)   When questioning a parolee.E) All of the above
F) A) and B)

Question 13

What tricks may be used to get a suspect to confess?

Accepted Answer

Law enforcement officers use a variety o...

Question 14

In-custody is prerequisite of Miranda requirement; a formal arrest is necessary.

Accepted Answer

A) True 
 B)False  False

Question 15

The right to an indictment by a Grand Jury before being tried on a capital or otherwise infamous trial applies to all state criminal trials.

Accepted Answer

A) True 
 B)False

Question 16

The privilege against self-incrimination does not apply to resident alien during his investigation into whether he was subject to expulsion from United States as war criminal.

Accepted Answer

A) True 
 B)False

Question 17

Which of the below statements is NOT correct regarding Fifth Amendment issues?

Accepted Answer

A)   The sole concern of Fifth Amendment privilege against self-incrimination is governmental coercion.
B)   Fifth Amendment privilege is not concerned with moral and psychological pressures to confess emanating from sources other than official coercion.
C)   A suspect's perception of coercion flowing from "voice of God" is matter to which Federal Constitution does not speak.
D)   The Fifth Amendment covers both testimonial and non-testimonial self incrimination.E) A) and C)
F) A) and B)

Question 18

What constitutes "interrogation" for purposes of the Miranda requirements?

Accepted Answer

Interrogation, for purposes of the Miran...

Question 19

The due process clause of the Fifth Amendment applies to state criminal trials.

Accepted Answer

A) True 
 B)False  False

Question 20

Double jeopardy clause:

Accepted Answer

A)   protects against second prosecution for same offense after acquittal.
B)   protects against second prosecution for same offense after conviction.
C)   protects against multiple punishments for same offense.
D)   All the above choices are correct.E) None of the above
F) B) and C)

Exam 6: Fifth Amendment Issues

While states are not required to use the grand jury system, any racial discrimination in selection of grand jury and its foreman violates equal protection clause of Fourteenth Amendment in state criminal cases.

Correct AnswerverifiedShow Answer

Miranda warnings must be given prior to any custodial interrogation regardless of whether individual is suspected of committing felony or misdemeanor.

Correct AnswerverifiedShow Answer

Which of the below statements is NOT correct?

Correct AnswerverifiedShow Answer

Fifth Amendment privilege against self-incrimination protects compelled testimony and not the disclosure of private information.

Correct AnswerverifiedShow Answer

What constitutes "in custody" for purposes of the Miranda requirements?

Correct AnswerAnswered by ExamLex AI"In custody" for purposes of the Miranda...View AnswerShow Answer

In which of the below situation was the defendant's Miranda rights violated because he or she was not given the Miranda warnings?

Correct AnswerverifiedShow Answer

A grand jury indictment must be based on evidence that is admissible in a criminal trial.

Correct AnswerverifiedShow Answer

What types of statements made by a defendant may be used against her in a criminal trial?

Correct AnswerAnswered by ExamLex AIIn a criminal trial, various types of st...View AnswerShow Answer

The concept that an individual should be protected from prosecution a second time for the same offense is derived from early English common law.

Correct AnswerverifiedShow Answer

The Fifth Amendment provision as to self-incrimination applies to testimonial self-incrimination and to production of incriminating physical evidence.

Correct AnswerverifiedShow Answer

Double jeopardy clause does not bar grand jury from returning indictment when prior grand jury has refused to do so.

Correct AnswerverifiedTrue

Which of the below situations are considered as exceptions to the Miranda warning requirements?

Correct AnswerverifiedShow Answer

What tricks may be used to get a suspect to confess?

Correct AnswerAnswered by ExamLex AILaw enforcement officers use a variety o...View AnswerShow Answer

In-custody is prerequisite of Miranda requirement; a formal arrest is necessary.

Correct AnswerverifiedFalse

The right to an indictment by a Grand Jury before being tried on a capital or otherwise infamous trial applies to all state criminal trials.

Correct AnswerverifiedShow Answer

The privilege against self-incrimination does not apply to resident alien during his investigation into whether he was subject to expulsion from United States as war criminal.

Correct AnswerverifiedShow Answer

Which of the below statements is NOT correct regarding Fifth Amendment issues?

Correct AnswerverifiedShow Answer

What constitutes "interrogation" for purposes of the Miranda requirements?

Correct AnswerAnswered by ExamLex AIInterrogation, for purposes of the Miran...View AnswerShow Answer

The due process clause of the Fifth Amendment applies to state criminal trials.

Correct AnswerverifiedFalse

Double jeopardy clause:

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
Answered by ExamLex AI
"In custody" for purposes of the Miranda...
View Answer

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Correct Answer
Answered by ExamLex AI
In a criminal trial, various types of st...
View Answer

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Correct Answer
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True

Correct Answer
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Correct Answer
Answered by ExamLex AI
Law enforcement officers use a variety o...
View Answer

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False

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Correct Answer
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Correct Answer
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Correct Answer
Answered by ExamLex AI
Interrogation, for purposes of the Miran...
View Answer

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False

Correct Answer
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