Deck 7: Compulsory Self-Incrimination

Question 1

If a defendant invokes the Fifth Amendment during a criminal trial and is found guilty, this may be considered at the sentencing phase.

Answer 1

False

Question 2

The following group of amendments governs compulsory self-incrimination:

A) Fourth, Fifth, and Sixth
B) Fourth and Fifth
C) Fourth, Fifth, and Fourteenth
D) Fourth, Sixth, and Fourteenth

Answer 2

B

Question 3

The following compels testimony:

A) corpus delecti
B) subpoena
C) habeas corpus
D) writ of certiorari

Answer 3

B

Question 4

A search warrant should be obtained before the following searches except for:

A) those that involve significant pain or physical discomfort
B) penetrate the surface of the body
C) taking blood samples to perform tests for alcohol intoxication
D) involve bodily tissues or fluids

Question 5

Criminal defendants enjoy the "right to remain silent:"

A) Only during their trial.
B) Only during police custodial interrogations and at their criminal trial.
C) Only during police custodial interrogations, grand jury proceedings, and at their criminal trial.
D) In all legal proceedings, judicial or administrative, formal or informal, criminal or civil criminal.

Question 6

Courts have applied the exigent circumstances exception to the following situations involving bodily intrusive searches except for:

A) reaching into the suspect's mouth to prevent evidence from being swallowed
B) taking a semen sample for rape
C) taking blood samples to perform tests for alcohol intoxication
D) swabbing residues left on the skin

Question 7

All of the following are required to invoke Fifth Amendment protection except for:

A) testimony
B) self-incrimination
C) bodily search
D) compulsion

Question 8

The most common way in which claims of Fifth Amendment privilege are overridden is through:

A) immunity
B) double jeopardy
C) subpoena
D) corpus delecti

Question 9

Strip searches may be performed on everyone booked in a detention facility.

Question 10

The following are types of appearance evidence except for:

A) fingerprints
B) body measurements
C) handwriting samples
D) X-rays

Question 11

The following are on the list of factors that must be considered to establish the reasonableness of a bodily search except for:

A) compelling the suspect to submit to the procedure
B) probability that the evidence would be found
C) whether a search warrant was obtained
D) the severity of the crime

Question 12

Miranda warnings are not required for field sobriety tests.

Question 13

The following decision established the modern framework for evaluating the constitutionality of compelled production of bodily evidence:

A) Schmerber v. California
B) Mallory v. United States
C) Winston v. Lee
D) Cupp v. Murphy

Question 14

Citizens may ignore self-reporting statutes that do the following:

A) apply to a highly select group engaged in criminal activity
B) require them to report information that could, and probably would, lead to their prosecution
C) require them to report income from criminal activities
D) both a & b

Question 15

In order to require a suspect to participate in a station house lineup, police do not need further grounds than those required for arrest.

Question 16

A suspect's protection from bodily self-incrimination stems from the Fifth Amendment.