[CJ] Chapter 10: Miranda {Read 'Em Their Rights!}

Question 1

The Fifth Amendment

Answer 1

“No person shal be compelled in any criminal case to be a witness against himself.”
(The right against self-incrimination: the right not to make yourself look not guilty of a crime, even if you are guilty.)

Question 2

Self-incrimination

Answer 2

The right not to make yourself look not guiltyof a crime, even if you are guilty.

Question 3

The Sixth Amendment

Answer 3

“In all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel (a lawyer) for his defense.”

Question 4

What are the two amendments in the Miranda Warnings?

Answer 4

1) The Fifth Amendment [the right against self-incrimination]
2) The Sixth Amendment [the right to counsel]

Question 5

When must the police inform a suspect of those rights (Miranda rights)?

Answer 5

Before any custodial interrogation.

Question 6

What are custodial interrogation two components?

Answer 6

1) the police question the suspect
2) the suspect is in custody, or not free to go.
[Unless unless both of those things are true, there is not custodial interrogation and the police need NOT to inform a suspect of their rights.]

Question 7

What happens if you question a suspect when they’re not in custody?

Answer 7

Questioning when a suspect is not in custody is merely investigatory, and does NOT trigger the police obligation to inform a suspect of their rights.

Question 8

When is a person in custody?

Answer 8

A person is in custody if innocent person would reasonably believe that they not free to leave.

Question 9

What happens if an officer does a custodial interrogation without first informing the suspect of their rights?

Answer 9

If an officer conducts a custodial interrogation without first informing the suspect of their rights, then the prosecutor cannot use what the suspect said. And the jury will never know what the suspect said.

Question 10

Erroneous assumption

Answer 10

Incorrect/flawed assumptions

Question 11

Miranda Warnings

Answer 11

When police inform a suspect of the right to remain silent and the right to counsel.

Question 12

What are the four rights in the Miranda Warnings?

Answer 12

1) the right to remain silent
2) the right to an attorney
3) the right to have an attorney appointed to you if you cannot afford one
4) anything you say can and will be used against you in court.