5th amendment

Question 1

generally, what privilege is protected by the 5th amendment?

Answer 1

the right against self-incrimination

Question 2

what 4 things govern interrogation?

Answer 2

1. DPC
2. 5th amendment - right against self-incrimination
3. Miranda (derived from 5th amendment)
4. 6th amendment - attorneys

Question 3

what is the best evidence of guilt?

Answer 3

a free and voluntary confession

Question 4

what did Wolf v. Colorado do?

Answer 4

made the 4th amendment applicable to the states through the DPC

Question 5

what does Malloy v. Hogan do?

Answer 5

make the 5th amendment applicable to the states through the DPC

Question 6

what is the formula for when Miranda should be given?

Answer 6

custody + questioning(interrogation) = Miranda

Question 7

is Miranda required in a Terry stop?

Answer 7

no

Question 8

what factors should be taken into account when determining if a situation was custodial?

Answer 8

• how did the person get there
• place
• time
• focus of the interrogation
• age

Question 9

what can interrogation be comprised of?

Answer 9

express and the functional form of questioning (any words or actions on behalf of PO that the police know or should have known are reasonably likely to elicit an incriminating statement

Question 10

when do Miranda warnings not have to be read (exceptions)

Answer 10

1. public safety
2. routine booking
3. undercover agent

Question 11

when does the an actual 5th amendment take place?

Answer 11

when there is coercion

Question 12

if a person invokes their right to remain silent, can police come back after a reasonable time and ask about a different crime?

Answer 12

yes

Question 13

if you don’t expressly invoke right to remain silent, does that mean you waive?

Answer 13

no, but the court will look into your conduct to see if you implicitly waived