5th and 6th Amendment

Question 1

Miranda is required when . . .

Answer 1

There is a:

1. ) Custodial
2. ) Interrogation

Question 2

A waiver of Miranda rights must be . . .

Answer 2

1. ) Knowing

2. ) Intelligent

Question 3

After an invocation of the right to counsel, police can interrogate without counsel present when:

Answer 3

1. Suspect initiates or
2. 14 days has elapsed, or
3. Questioning regarding a separate offense

Question 4

A suspect is in custody for Miranda purposes when . . .

Answer 4

A reasonable perosn would believe that he is not free to leave.

Question 5

An interrogation occurs for Miranda purposes where . . .

Answer 5

Questions or actions by police are likely to elicit an incriminating response

Question 6

The list of the Miranda rights is as follows:

Answer 6

1. Silence
2. Statements may be used in court
3. Can consult an attorney
4. attorney will be appointed if you cannot afford

Question 7

To invoke (pre-Indictment) right to counsel, must . . .

Answer 7

Make specific, unambiguous statement asserting desire to have counsel present.

Question 8

A miranda violations prohibits ____ , but permits . . .

Answer 8

Prohibits: statements used in court, but
Permits: impeachment and fruit of the confession (if confession not coerced)

Question 9

A miranda violations prohibits ____ , but permits . . .

Answer 9

Prohibits: statements used in court, but
Permits: impeachment and fruit of the confession (if confession not coerced)

Question 10

Sixth Amendment Right to Counsel applies when . . .

Answer 10

1. Indictment (e.g. post-Indictment lineup or interrogation), and
2. Defendant can be sentenced to incarceration

Question 11

Remedy for 6th Amendment violation

Answer 11

Conviction is overturned or guilty plea withdrawn

Question 12

For a lineup to be inadmissible, a defendant must show . . .

Answer 12

1. It was impermissibly suggestive; and

2. the testimony was not reliable

Question 13

A suspect is in custody for Miranda purposes when . . .

Answer 13

A reasonable person would believe that he is not free to leave; the amount of restraint is similar to formal arrest.