Constitutional Protections — Fifth Amendment

Question 1

What protection does the Fifth Amendment provide in criminal cases?

Answer 1

It protects against being compelled to be a witness against oneself in a criminal case.

Question 2

When is a statement obtained during interrogation inadmissible?

Answer 2

If obtained during a custodial interrogation without informing the suspect of their Miranda rights.

Question 3

What constitutes custody under the Fifth Amendment?

Answer 3

A reasonable person would not feel free to leave.

Custody does not require handcuffs.

Question 4

What constitutes interrogation under the Fifth Amendment?

Answer 4

Police questioning or conduct intended to elicit a criminal response.

1. Cop asks if Jon is alright: Not interrogation, no Miranda required.
2. Cop asks Jon about a crime: Interrogation, Miranda required.
3. Cop asks Jon in custody if he’s hungry: Not interrogation, no Miranda violation.

Question 5

When do Miranda rights apply?

Answer 5

1. Suspect must know they are being interrogated by a government agent.
2. Does not apply to questioning prompted by public safety concerns.

Question 6

What are the Miranda warnings?

Answer 6

1. Right to remain silent.
2. Anything said can be used against you.
3. Right to an attorney.
4. If you cannot afford one, one will be provided.

Police do not have to give Miranda immediately after custody begins.

Question 7

Are volunteered statements protected under the Fifth Amendment?

Answer 7

No. Miranda warnings are not required for voluntary statements.

Question 8

How can Miranda rights be waived?

Answer 8

Knowingly and voluntarily, based on the totality of circumstances. Mere silence is not enough for a valid waiver.

Question 9

What happens when a suspect invokes their right to counsel?

Answer 9

Police must cease all questioning. Statements made afterward are inadmissible, except for impeachment.

Question 10

When does a suspect have a right to counsel at a line-up?

Answer 10

No right to counsel at a pre-charge line-up. Right to a non-suggestive line-up with no bias or misidentification.

Question 11

What is required for line-ups and identifications to comply with the Fifth Amendment?

Answer 11

1. They cannot be unnecessarily suggestive.
2. Must consider the totality of circumstances.

Examples of Improper Line-Ups:
- The only tall person in the line-up.
- The only person with a beard or gray hair.

Question 12

What does the right against self-incrimination protect?

Answer 12

Protects against being compelled to give testimony or communicative evidence that incriminates oneself.

Question 13

Does the Fifth Amendment protect physical evidence?

Answer 13

No. Physical evidence (e.g., fingerprints, line-ups, blood samples) is not protected. May be required to perform physical acts (e.g. walk with a limp, put on a glove).

Question 14

What does double jeopardy prohibit?

Answer 14

Being tried for the same offense twice after jeopardy attaches.

Question 15

When does jeopardy attach?

Answer 15

Jury trial: When jury is empaneled and sworn in. Bench trial: When the first witness is sworn in.

Question 16

What does due process require for confessions and identifications?

Answer 16

1. Confessions must be made voluntarily.
2. Identifications must not be unnecessarily suggestive.