Privilege Against Compelled Self-Incrimination

Question 1

Privilege against self-incrimination must be raised in civil proceeding to keep it from being waived in subsequent criminal proceedings. T/F

Answer 1

True

Question 2

Being required to give your name after a Terry stop violates 5A. T/F

Answer 2

False

Question 3

A corporation can assert 5A rights against self-incrimination. T/F

Answer 3

False

Question 4

5A protects ____ but not ____ evidence.

Answer 4

Testimonial; physical

Question 5

Prosecutor [may/may not] comment on a D’s silence after being arrested and receiving Miranda warning.

Also, D can move for judge to instruct jury that they cannot _____ from D’a failure to testify.

Answer 5

May not

Draw an adverse inference

Question 6

Ps can use D’s silence that took place BEFORE Miranda rights are read. T/F

Answer 6

True

Question 7

When P comments on D’s silence, what standard applies to this on appeal?

Answer 7

Harmless error

Question 8

Can a witness be compelled to answer questions?

Answer 8

Yes, if granted adequate immunity from prosecution

Question 9

D waives 5A privilege in a trial by ____.

A witness waives 5A privilege in a trial by ____.

Answer 9

Taking the witness stand

Disclosing incriminating info

Question 10

Can you try a child again as an adult for the same behavior?

Answer 10

No

Question 11

Civil forfeitures are subject to the excessive fines clause of the 8A. T/F

Answer 11

False. Only penal forfeitures, which cannot be grossly disproportionate to the offense