I am taking Constitutional law this semester and we are currently studying the 5th amendment.I just finished doing a quiz.I was wondering if someone could please take a look at it and let me know If I did ok or not.I would really appreciate it. We are reading from the Understanding Criminal Procedure volume 1: Investigation 6th edition.

Question 1

Fire investigators arrest Kilowatt and advise him of his Miranda rights. Kilowatt understands his rights and verbally waives them. After 20 minutes of questioning, officers figure out that Kilowatt is lying to them and so they tell Kilowatt they will call the local Social Services office and have Fred's children taken away if Kilowatt doesn't confess. Thereafter, Kilowatt confesses. Was this confession obtained in violation of the 5th Amendment?

A.No, because Kilowatt was given and waived his Miranda rights.

B.No, because Kilowatt was not entitled to receive Miranda warnings.

C.Yes, because the statement was coerced.

D.Yes, because Kilowatt didn't waive his Miranda rights in writing.

Question 2

Fire investigators arrest Sparky for arson, advise him of his Miranda rights and obtain a valid waiver of them. As the questioning progresses, investigators believe that Sparky has not been truthful. They tell Sparky that his fingerprints were found on the door knob of the burned-out shotgun shack; this is not true. They also tell Sparky that if he cooperates in the investigation, the investigators will tell the prosecutor that Sparky was cooperative. Sparky confesses to the arson. Was this confession obtained in violation of the 5th Amendment?

A.No, because Sparky waived his Miranda rights before being questioned by the investigators.

B.No, because investigators can say anything to get a suspect to confess.

C.Yes, because the investigators can't lie to a person being questioned.

D.Yes, because the statement about telling the prosecutor about Sparky's cooperation was improper.

Question 3

Joe Fahrenheit is a juvenile and has been arrested by fire investigators. Which of the following is correct with respect to providing Miranda warnings before the investigators attempt to question Joe?

A.Joe must be advised of his Miranda rights before questioning in words that a juvenile can understand.

B.Joe's parents or guardian, if they can be located through good faith efforts by law enforcement, must be advised of Joe's Miranda rights before questioning.

C.There is no requirement to advise Joe of his Miranda rights because he is a juvenile.

D.Both A and B.

Question 4

Joe Vapor is arrested for making terroristic threats via phone calls and is in custody. Some of the calls were recorded. Investigators want a voice exemplar (sample) of Vapor's voice to compare Vapor's voice to the recordings. Without giving Vapor Miranda rights, investigators obtain a subpoena and court order directing Vapor to give the voice exemplar. Can Vapor be required to provide the voice exemplar over his objection?

A.No, because the exemplar might incriminate Vapor.

B.No, because before the investigators can lawfully ask any questions of a person in custody, the suspect must first be given, and waive, his Miranda rights.

C.Yes, because once a person is in custody, they no longer have to be given Miranda rights.

D.Yes, because giving the exemplar is not protected by the 5th Amendment.

Question 5

The Fifth Amendment protects against:

A.Double jeopardy.

B.Self-incrimination.

C.Due process violations.

D.All of the above

Question 6

The Fifth Amendment provides suspects the right:

A.Against self-incrimination

B.To a speedy trial

C.To protection from unreasonable search

D.To counsel

Question 7

The privilege against self-incrimination applies to compelling a person to

A.appear in a lineup.

B.furnish a blood sample which might match that of the perpetrator.

C.make a statement which indicates they might be guilty.

D.furnish their fingerprints for comparison with the perpetrators.

Question 8

Valerie Volt is arrested for arson. After being read her Miranda rights, Volt says, "I don't want to talk to law enforcement." The investigators immediately end their attempt to question Volt and return her to his jail cell awaiting her initial appearance in the morning. About 2 hours later as the investigators get ready to leave, they stop by Volt's cell and ask her if she would like to talk to them. Volt says she does want to talk, and the investigators re-advise Volt of her Miranda rights all of which Volt validly waives. Volt confesses. Did the investigator's actions violate Miranda?

A.Yes, because once Volt invoked, the investigators may not attempt to question Volt until she is released from custody.

B.Yes, because the statement Volt made was coerced.

C.No, because the investigators can see if Volt changed her mind about talking to them anytime the investigators want to.

D.No, because the investigators were permitted to re-approach Volt.

Question 9

When an individual is questioned, he or she is

A.In custody

B.Being interrogated

C.To be Mirandized

D.Detained