The 5th Amendment - Nov. 13 -

Question 1

Does the Fifth Amendment privilege against compulsory self-incrimination apply against state and local governments? (Q)

Answer 1

Yes. The Fifth Amendment privilege against compulsory self-incrimination, including the Miranda doctrine, applies against state and local governments. The Fifth Amendment, by its terms, applies only to the federal government. However, the U.S. Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment, which applies to the states, to incorporate this privilege against state and local governments.

Question 2

What four Miranda warnings must precede a custodial interrogation by police? (Q)

Answer 2

The four Miranda warnings that must precede a custodial interrogation by police are that:

the person in custody has a right to remain silent;
anything the person says can be used against him or her in court;
the person has the right to have an attorney present during questioning; and
if the person cannot afford an attorney, one will be provided.

Question 3

What does Miranda require for any statement by a suspect in response to custodial interrogation to be admissible in the prosecution’s case-in-chief against the suspect? (Q)

Answer 3

Under Miranda, for any statement in response to custodial interrogation to be admissible in the prosecution’s case-in-chief against the suspect, the government must administer the full Miranda warnings before the custodial interrogation. This requirement applies regardless of the suspect’s subjective characteristics or knowledge of the law.

Question 4

To what must the government subject an individual for the requirements of the Miranda doctrine to apply? (Q)

Answer 4

For the requirements of the Miranda doctrine to apply, the government must subject an individual to custodial interrogation. This imposes two distinct requirements, which must exist simultaneously: custody and interrogation.