Fifth Amendment

Question 1

When is a statement inadmissible?

Answer 1

A statement may be found inadmissible if it is:

• involuntary under the Due Process Clauses of the Fifth and Fourteenth Amendments;
• violates 6th Amendment right to counsel under the Massiah rule;
• in violation of the Fifth Amendment privilege against self-incrimination as applied by the Miranda rule; or
• the fruit of an illegal arrest or search under the Fourth Amendment exclusionary rule.

Question 2

Privilege against Self-incrimination

Answer 2

• must be asserted to be effective
• The privilege may be asserted in any criminal, civil, or administrative proceeding where incriminating testimony can be used in a subsequent prosecution, such as in a grand jury proceeding where a trial may result
• Transactional immunity = eliminates privilege against self-incrimination

Question 3

Miranda Warnings

Answer 3

1. he has a right to remain silent;
2. anything he says can be used against him in court;
3. he has the right to the presence of an attorney; and
4. if he cannot afford an attorney, one will be provided for him.

Question 4

When does Miranda apply?

Answer 4

when an interrogation occurs

an interrogation occurs where police know or should reasonably know that their actions or inquiries are reasonably likely to elicit an incriminating response from the suspect

Question 5

When is the 6th Amendment right to assistance triggered?

Answer 5

The initiation of formal adversial proceedings (