Quizzes

Question 1

The fifth amendment privilege against self incrimination

Answer 1

NOT violated when forcing an immunized witness to give testimony

Question 2

if prosecutor points out that defendant has knowledge of crime they have not explained

Answer 2

it violates 5th amend by offering any adverse comment during a close statement

Question 3

erroneously admits involuntary confession

Answer 3

determine if it had any effect on trial and reverse conviction where error was not harmless

Question 4

olice arrest Samuel for child molestation, ask questions prior to Miranda, took stand in own defense and offered explanatory story different than inadmissible confession

Answer 4

prosecutor permitted to introduce evidence of pre Miranda confession as a way to impeach defendant’s testimony

Question 5

Lower level drug dealer refuses to testify, granted use immunity

Answer 5

has no constitutional right to refuse to testify against his superior on these facts

Question 6

Sandi and Raul Pelig

Answer 6

Sandi can be forced to offer DNA and fingerprint

Question 7

5th amend privilege may be asserted

Answer 7

during GJ examination of witnesses, during trial of defendant by refusing to take the stand, at post arrest attempt at interrogation, at state legislative hearing (all of the above)

Question 8

lawful taking of bodily fluids for analysis

Answer 8

does not violate 5th /c not represent compelled testimonial self incrimination

Question 9

Andrew robbed convenience store, confessed to priest, police officer did not interrupt to offer any Miranda

Answer 9

confession is voluntary and no violation by LEO of 5th amend

Question 10

as a general rule, at the 5th amend privilege against self incrimination may be asserted when

Answer 10

a witness at a court trial is asked a question that the answer would tend to incriminate the individual, and when a witness at a court to trial is asked an incrimination question concerning a criminal act over which use immunity has been granted by the prosecutor (a and b)

Question 11

Child molestation in park

Answer 11

will not be permitted to introduce the defendant’s park confession a s a method of impeaching the defendant’s trial testimony since no one knows whether that confession was a truthful statement

Question 12

when an indigent defendant is to be given a PH following arrest, the defendant

Answer 12

must be given an attorney free of charge because the SC has determined that a PH is a critical stage of the CJ process

Question 13

Federal Bail Reform Act of 1984

Answer 13

provides that bail can be denied and pretrial detention ordered by a judge where the defendant has been charged w/ specific drug offenses

Question 14

defendant arrested and indicted for capital murder, search and seizure issue

Answer 14

might grant bail and set bail at a high amount where all the evidence indicted that the defendant would return for all court proceedings and would surrender if convicted

Question 15

when an attorney is present at PH

Answer 15

can interrogate prosecution’s witnesses, preserve prosecution evidence that is favorable to the defendant, cross examine prosecution witnesses

Question 16

bail

Answer 16

8th amend

Question 17

federal arresting involving kilos of cocaine

Answer 17

consists of holding the required hearing late, but allowing each side to make any arguments or motions that they could have made had the bail hearing been held in a timely fashion. The gov will suffer no penalty for failing to comply with the law.

Question 18

right to speedy trial begins to run from the time

Answer 18

when the defendant has been arrested, indicted or had an info filed against…whichever comes first.

Question 19

cases decided by SC have determined when the concept of jeopardy attaches…jeopardy attaches

Answer 19

in a jury trial, at the time that jury selection has been completed and the jury has been empanelled and sworn

Question 20

Craig Desalvo charged state case with marijuana, charges dismissed:

Answer 20

will lose his motion to have the prosecution dismissed since the double jeopardy provision does not protect him under these circumstances

Question 21

original intent of the framers 5th amend

Answer 21

true

Question 22

confession has been illegally coerced: appellate court should automatically reverse conviction

Answer 22

false

Question 23

Personal motivations, mental or religious, cause to offer confession are not factors in determining voluntariness as long as LE has not improperly motivated to offer a confession

Answer 23

true

Question 24

coerced/involuntary confessions should not be admitted to prove guilt, can be used for impeachment

Answer 24

false

Question 25

5th amend limites federal prosecutions but provides no protection for a defendant in state criminal courts because privilege against self incrimination has never been incorporated under due process

Answer 25

false

Question 26

where defendants have been physically tortured under police or mob direction, the introduction of subsequent coerced confession against defendants in a state criminal trial must result in reversal of any resulting convictions

Answer 26

true

Question 27

involuntary confession wrongly introduced, an automatic reversal will be granted upon

Answer 27

false

Question 28

th amend has been judicially determined to apply to real human beings and also can be asserted by corporations or other artificial business entities

Answer 28

false

Question 29

if a witness is asked a question that could subject them to prosecution in a foreign nation

Answer 29

false cannot assert 5th amend rights

Question 30

a person may not refuse to testify when called as a witness where the answers may incriminate witness since GJ cannot convict witness of any crime

Answer 30

false

Question 31

grant of use immunity has the effect of requiring reluctant witness to whom it has been granted to testify

Answer 31

true

Question 32

determination of bail in misdemeanor cases may be made by reference to a bail schedule

Answer 32

true

Question 33

right to sp trial proven prejudice is more effective than other 3 factors

Answer 33

true

Question 34

most common remedy for proven violation of sp trial involves reduction in length of sentence originally imposed by length of improper pretrial delay

Answer 34

false

Question 35

inventory searches apply also to motor vehicles but cannot be justified where a personal item can be held in police custody by placing it inside a police property bah without logging every object that the personal item contains

Answer 35

false

Question 36

Rock Rocco driving under influence of alcohol

Answer 36

suppress Rocky’s response to videotape taken after he was arrested since officers, in effect, interrogated Rocky while he was in custody by showing him the tap the next morning

Question 37

If an arrestee makes a valid oral waiver and denies so doing, a heavy burden of proof rests with the gov

Answer 37

true (EC)

Question 38

Sgt williams need not warn the man offering the confession about MIranda

Answer 38

may listen or record it

Question 39

Abdul Martinez

Answer 39

there is no necessity to inform him of rights because one of the required reasons for offering MIranda was missing

Question 40

Peter Scotson

Answer 40

may not be questioned on ex wife’s disappearance unless wants to waive his rights and wishes to speak

Question 41

search incident to arrest theory

Answer 41

need to certain that subject is disarmed, need to see, obtain, and preserve any evidence of crime for later use at trial

Question 42

Larry Flintstone

Answer 42

none of the above

Question 43

John and Tanya

Answer 43

false

Question 44

if public school principal wanted to search backpack of student

Answer 44

have to have RS