5th Amendment Due Process

Question 1

due process clause

Answer 1

• no person shall be deprived of life, liberty, or property without due process of law

Question 2

due process rule and statement

Answer 2

• it is unfair to use a statement that has not been voluntarily made or given to police

Question 3

due process clause protects all people and citizens and ________

Answer 3

• aliens

Question 4

goal of 5th amendment due process clause

Answer 4

• to prevent unfairness in the use of evidence

Question 5

5 factors that determine voluntariness:

Answer 5

1. physical and mental state of person
2. maturity and education of person
3. diverse pressures which sap a person’s power of resistance and self control
4. duration, condition, and location of the detention and interview
5. SAs attitude toward the subject

Question 6

S.E.L.

Answer 6

• matters that concern the SUBJECT
• matters that concern the interview ENVIRONMENT
• matters that concern the LAW ENFORCEMENTS attitude

Question 7

the due process clause requires some form of ______ police activity prior to a finding that a statement is involuntary.

Answer 7

• coercive

Question 8

what are 2 protections found in the 5th amendment that impact t the way in which a SA takes statements from individuals?

Answer 8

1. due process clause

2. self incrimination clause