The Fifth Amendment MCQs

The Fifth Amendment MCQs

Welcome to MCQss.com! This page contains a collection of multiple-choice questions (MCQs) focused on the Fifth Amendment. By engaging with these MCQs, you can deepen your understanding of the key concepts and principles embodied in the Fifth Amendment of the United States Constitution.

Through our MCQs, you can assess your knowledge and comprehension of the Fifth Amendment's provisions. The questions cover topics such as the scope of the right against self-incrimination, exceptions to the privilege, landmark court cases related to the Fifth Amendment, the application of double jeopardy, due process requirements, and eminent domain principles.

Engaging with these MCQs not only helps you test your understanding but also enhances your critical thinking and analytical skills regarding the Fifth Amendment. By familiarizing yourself with the types of questions commonly encountered in exams, interviews, or quizzes related to this topic, you can better prepare and broaden your knowledge.

Explore the MCQs on MCQss.com and deepen your understanding of the Fifth Amendment and its significance in the legal landscape. Whether you are a law student, legal professional, or simply interested in civil liberties, these questions provide an invaluable resource to expand your knowledge and prepare for various assessments.

1: The Fifth Amendment prohibits the government from using suspects and defendants as witnesses against______.

A.   The King of England

B.   Government employees

C.   Themselves

D.   Codefendants

2: The Inbau and Reid interrogation techniques suggest law enforcement work through how many steps to induce a guilty suspect to confess?

A.   Six

B.   Seven

C.   Eight

D.   Nine

3: Inbau and Reid suggest during an interrogation that when a suspect offers an excuse, he is “objecting” to the officer’s belief in his guilt. The officer should take the suspect’s excuse and then______.

A.   Confront the suspect by calling him a liar to his face

B.   Incorporate the objection back into the interrogation theme

C.   Turn the suspect’s excuse around and then leave the room

D.   Take the suspect’s excuse and memorialize it in writing

4: In the Miranda v. Arizona (1966) case, the U.S. Supreme Court held warning suspects of their rights was necessary to counterbalance the psychological pressure of a(n) ______.

A.   Custodial interrogation

B.   Third-degree interrogation

C.   Impending extradition

D.   Wrongful conviction

5: The so-called Miranda warnings must be given to a suspect before______.

A.   Arrest

B.   Entering prison

C.   Custodial interrogation

D.   A criminal trial

6: To determine if a suspect is in custody, a court will examine all of the following circumstances EXCEPT______.

A.   Active duty law enforcement

B.   Duration of the suspect’s detention

C.   Physical location of the questioning

D.   Suspect’s age and experience

7: In the Howes v. Fields (2012) case, officers escorted a prisoner to and from his cell to an enclosed conference room where the prisoner confessed to child sex abuse, a crime for which he was convicted. The U.S. Supreme Court held that Miranda warnings were not required before the prisoner’s confession because he was not______.

A.   Being interrogated

B.   Innocent

C.   In custody

D.   Competent

8: Interrogation is questioning designed to elicit from suspect’s incriminating______.

A.   Coercion

B.   Information

C.   Elicitation

D.   Questioning

9: If a suspect invokes his right to remain silent and officers scrupulously honors his right, officers may come back and try again to interrogate a suspect after waiting a minimum of how many hours?

A.   2

B.   4

C.   6

D.   8

10: The Sixth Amendment right to counsel, as opposed to the right to counsel offered by the Miranda warnings, attaches at all of the following circumstances EXCEPT______.

A.   Arraignment

B.   Filing of a charging document

C.   An offender’s execution

D.   Preliminary hearing

11: The double interviewing technique was held illegal in the Missouri v. Seibert (2004) case because the U.S. Supreme Court found the purpose of the technique was to______.

A.   Fool the suspect into confessing because she did not know police were involved

B.   Obtain a confession the suspect would not make if she understood her rights

C.   Make the suspect feel uncomfortable so she is unaware she may incriminate herself

D.   Ensure that the suspect need not waive her rights if she did not understand her rights

12: Exceptions to the giving of Miranda warnings applies to all of the following circumstances EXCEPT______.

A.   Undercover officers and informants

B.   An interrogation in custody

C.   Terry and routine traffic stops

D.   Questioning by ordinary citizens

13: A court may admit illegally obtained evidence if it was discovered through a source not connected to the initial illegality.

A.   True

B.   False

14: A waiver of Miranda rights must be involuntary, intelligent, and knowing.

A.   True

B.   False

A.   True

B.   False

16: _____ is a statement by which the suspect or defendant accepts full responsibility for the crime charged

A.   Confession

B.   Between adults and children

C.   Between vulnerable victims

D.   None of these

17: _____ is defined as the body of the crime

A.   Making a curfew every night

B.   All of these

C.   Corpus delicti

D.   Becoming government informants

18: _____ is known as a situation in which a suspect perceives that he or she is not free to leave, even if not formally under arrest

A.   All of these

B.   Engaged in hand-to-hand drug transactions for money

C.   Rape shield laws

D.   Custody

19: Is fifth Amendment protects against compelled self-incrimination, requires an indictment for “infamous” crimes, prevents double jeopardy?

A.   False

B.   True

20: _____ is Words or actions similar to an interrogation that officers should know might lead the suspect to make incriminating statements

A.   Functional equivalent

B.   All of these

C.   Kidnapping

D.   Convulsion

21: _____ is defined as a systematic process whereby guilty suspects are induced to confess

A.   Reversible error

B.   Inbau and Reid nine steps

C.   Safe threat

D.   All of these

22: _____ is known as An exception to the exclusionary rule; illegally obtained evidence may be admissible if it is discovered from a source independent of the officers’ initial illegal conduct

A.   None of these

B.   Hunting on federal lands

C.   Self-defense in his home

D.   Independent source

23: Is inevitable discovery the judgment that illegally obtained evidence would eventually have been discovered by police as they proceeded in their immediate investigation, making the evidence in question admissible at trial?

A.   False

B.   True

24: _____ is questioning by law enforcement designed to elicit incriminating information

A.   All of these

B.   Waited for the warrant

C.   Did a “knock and talk”

D.   Interrogation

25: _____ is defined as suspect informs law enforcement that he wishes to exercise either his right to remain silent or to have counsel present during questioning

A.   Making computers vulnerable to viruses

B.   Invoking Miranda

C.   All of these

D.   Invading privacy of information

26: _____ is known as do without fail. During interrogation, if a suspect expresses a desire to stop talking or to speak to an attorney, officers must stop questioning immediately.

A.   Scrupulously honor

B.   Harmless error

C.   Dual court system

D.   None of these

A.   False

B.   True

28: _____ is to waive one’s rights pursuant to Miranda, it must be voluntary (no coercion), intelligent (know the consequences of the rights given up), and knowing (understand the function of Miranda protections).

A.   Rape shield laws

B.   Engaged in hand-to-hand drug transactions for money

C.   None of these

D.   Voluntary, intelligent, and knowing waiver