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Question 1
Which of the following is not a part of the Miranda warning:
A. You have the right to remain silent.
B. If you cannot afford a lawyer, one will be appointed for you without cost.
C. You may leave here at any time.
D. Anything you say can and will be used against you in court.
Question 2
For a person to waive his or her Miranda rights, he or she:
A. remains silent.
B. does not object.
C. specifically states he or she understands his or her rights and will voluntarily answer questions without a lawyer present.
D. No one can waive these important due process rights.
Question 3
The Fifth Amendment often interacts with the ____________ Amendment.
A. First
B. Second
C. Third
D. Fourth
Question 4
The rules and procedures to ensure fairness of law are provided by:
A. due process.
B. substantive due process.
C. procedural due process.
D. all of the above
Question 5
Miranda contains _____ specific warnings.
A. two
B. three
C. four
D. five
Question 6
In ____________, the U.S. Supreme Court established the right to counsel during police interrogation for all criminal suspects.
A. Escobedo v. Illinois
B. Miranda v. Arizona
C. Dickerson v. United States
D. Fikes v. Alabama
Question 7
The Miranda warning must be given:
A. to all suspects.
B. only to those suspects interrogated in the custody of police.
C. to all witnesses.
D. both a and c
Question 8
Obtaining a confession by ____________ is constitutional.
A. physical coercion
B. psychological coercion
C. misrepresentations
D. none of the above
Question 9
The precedent case for analyzing confession issues is:
A. Terry v. Ohio.
B. Miranda v. Arizona.
C. Escobedo v. Illinois.
D. Massiah v. United States.
Question 10
In ____________, the U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are violations of constitutionally protected due process rights.
A. Brown v. Mississippi
B. Fikes v. Alabama
C. Katz v. United States
D. Dickerson v. United States
Question 11
The only unincorporated right guaranteed by the Fifth Amendment is the right to:
A. be a witness against oneself.
B. a grand jury indictment.
C. due process.
D. just compensation when government takes private property.
Question 12
Miranda has already been upheld in the early 21st century by:
A. Katz v. United States.
B. Dickerson v. United States.
C. Marbury v. Madison.
D. New York v. Quarles.
Question 13
In re Gault assured juveniles:
A. the right to a jury trial.
B. due process in the legal system.
C. the right to be tried as an adult in certain cases.
D. all of the above
Question 14
The exclusionary rule prohibits the use of confessions obtained in violation of a person’s constitutional rights and those that are otherwise coerced because:
A. they are inherently unreliable.
B. to do otherwise would be a violation of due process.
C. of a need to hold government accountable by holding such confessions inadmissible.
D. all of the above
Question 15
The first confession case decided by the Supreme Court was:
A. Miranda v. Arizona.
B. In re Gault.
C. New York v. Quarles.
D. Brown v. Mississippi.
Question 16
The Fifth Amendment allows people to not testify in court against themselves because:
A. “people need not do what they don’t want to” — Benjamin Franklin.
B. of the protection it provides against self-incrimination.
C. of the need to prevent an unconstitutional taking.
D. none of the above; if subpoenaed, they must testify.
Question 17
Voluntariness of a confession is determined by:
A. the police conduct involved.
B. the characteristics of the accused.
C. both a and b
D. neither a nor b
Question 18
When considering the characteristics of the accused, which of the following apply:
A. age and level of intelligence
B. mental illness and physical condition
C. both a and b
D. neither a nor b
Question 19
The framers of the Constitution intended to:
A. limit overzealous government power to acquire information.
B. limit what the government could use to acquire information.
C. both a and b
D. neither a nor b
Question 20
A landmark case that has become part of our national culture is:
A. Messiah v. United states.
B. Marbury v. Madison.
C. Miranda v. Arizona.
D. No case ruling has become part of our national culture.