Deck 9: The 5th Amendment

Question 1

In this chapter, Miranda warnings are covered under the ____ Amendment?

A) 5^th
B) 4^th
C) 8^th
D) 14^th

Answer 1

A

Question 2

In which of the following cases was a suspect arrested for rape and kidnapping?

A) Maryland v. Shatzer
B) Berghuis v. Thompkins
C) Miranda v. Arizona
D) Kastigar v. United States.

Answer 2

C

Question 3

The rights to remain silent and to have an attorney during questioning are part of the ________________ warnings.

A) Ashley Warnings
B) Amanda Warnings
C) Maryland Warnings
D) Miranda Warnings

Answer 3

D

Question 4

Which of the following is one of the functions served by the right to assistance of counsel?

A) mitigate the dangers of untrustworthiness
B) reduce the likelihood of coercion
C) guarantee the accuracy of any statement given to the police and reported to the prosecution
D) all of the above

Question 5

_________________________ requires the officer to give Miranda warnings.

A) speaking to a police officer
B) custodial interrogation
C) being arrested
D) all of the above

Question 6

In Berkemer v. McCarty, the Supreme Court ruled

A) Miranda warnings were not required during routine traffic stops.
B) Miranda warnings were required during custodial interrogation.
C) Once Miranda warnings were invoked, police questioning must cease.
D) all of the above

Question 7

In which of the following cases did the Court state that once a defendant asks for an attorney all questioning must stop?

A) Edwards v. Arizona
B) New York v. Quarles
C) Berkemer v. McCarty
D) Arizona v. Roberson

Question 8

What occurred in the case of Maryland v. Shatzer?

A) a break in police custody allowed for the use of incriminating statements in a subsequent interview.
B) a suspect was arrested for rape and kidnapping.
C) the Supreme Court carved out a public safety exception to the Miranda warnings.
D) none of the above.

Question 9

A _______________ of Miranda rights must be done knowingly and voluntarily.

A) consent
B) expression
C) acceptance
D) waiver

Question 10

Which of the following is not a consideration when determining if a waiver was made knowingly?

A) education level
B) age
C) sex
D) intelligence

Question 11

What occurred in New York v. Quarles?

A) a public safety exception was carved out of the Miranda warnings.
B) Miranda warnings were deemed unnecessary during routine traffic stops.
C) a break in custody allowed for the use of incriminating statements
D) a defendant voluntarily made statements after invoking their Miranda rights.

Question 12

A totality of the circumstances is used to determine if a waiver of Miranda rights was done __________________________.

A) orally
B) knowingly
C) expressly
D) in writing

Question 13

Immunity can be use or ________________.

A) transferal
B) compelled
C) transactional
D) transitional

Question 14

Use immunity is defined as?

A) immunity that prevents the government from using the testimony of the defendant or witness against him or her in the trial of that matter. But future new evidence can be used against them.
B) immunity that prevents the government from using the testimony of the defendant or witness against him or her in trial, including any future evidence.
C) immunity that prevent the use of any testimony given by others to be used against the defendant or witness in trial. But future new evidence can be used against them.
D) immunity that prevent the use of any testimony given by others to be used against the defendant or witness in trial, including any future new evidence.

Question 15

What case overturned the ruling in Counselman v. Hitchcock?

A) New York v. Quarles
B) Berghuis v. Butler
C) North Carolina v. Butler
D) Kastigar v. United States

Question 16

There are 4 specific parts to Miranda warnings.

Question 17

Miranda warnings only need to be read during custodial interrogations.

Question 18

The 5^th Amendment provides the right to an attorney during trial.

Question 19

Miranda rights can be waived orally.

Question 20

After invoking their right to counsel, a defendant must be allowed to speak with an attorney before the interrogation may begin again.