Part one covers the video. View the video and answer the first 5 questions.

1. The Fifth Amendment was one of the bedrock principles of English Common Law enshrined in the Constitution to set up a proper balance between the state and the individual about what the state can do to force people to reveal their:

2. There exists an inherently ________________ environment when people are confronted by police.

3. One of the things we have learned from _________ evidence is that innocent people are in jail.

4. _________________ evidence is fairly unreliable.

5. Prior the Miranda, courts used the _______________ clause of the Fifth and Fourteenth Amendments to review interrogation procedures.

Part 2 contains questions 6 through 10

Oregon v. Mathiason is a Supreme Court case that originated in Pendleton. Mathiason made incriminating statements during his police interview. At trial Mathiason motioned the court to have his statements excluded from evidence because he had not been given the Miranda warnings. The police said Mathiason was not in custody so no Miranda rights were needed.

The only issue on appeal was whether the defendant was in custody at the time of the initial interview. The case began with a trial, then went to the Oregon Court of Appeals and then to the Oregon Supreme Court before finally reaching the U.S. Supreme Court.

Read the case and answer the following:

6. The Supreme Court of Oregon found that Mathiason had not been arrested or otherwise formally detained, but reversed his conviction because the interrogation to place in a:

7. How did the investigating officer finally contact Mathiason?

8. When did the officer finally advise Mathiason of his Miranda rights?

9. Was Mathiason arrested at the scene of the interrogation?

10. What were some of the reasons the U.S. Supreme Court gave for not finding Mathiason in custody?

Video link: https://www.youtube.com/watch?v=qq48c3J2Qao&t=11s

Book link for case: Constitutional Law for Criminal Justice, 15th Ed.by Jacqueline Kanovitz, Jefferson Ingram & Christopher Devine, pub. Routledge, ISBN: 9781138601819.