Kanovitz, Constitutional Law for Criminal Justice, 14th Edition
Multiple-Choice Examination and True/False Questions
Chapter 7: Compulsory Self-Incrimination
Multiple-Choice Questions
1. The following group of amendments governs compulsory self-incrimination:
a. Fourth, Fifth, and Sixth
b. Fourth and Fifth
c. Fourth, Fifth, Sixth, and Fourteenth
d. Fourth, Sixth, and Fourteenth
2. All of the following are necessary to establish a violation of the Fifth Amendment privilege
against self-incrimination except:
a. compulsion
b. exposure to a risk of criminal prosecution
c. testimony
d. elicited during a judicial proceedings
3. The following is used to compel testimony:
a. corpus delicti
b. subpoena
c. habeas corpus
d. writ of certiorari
4. The most common way in which claims of Fifth Amendment privilege are overridden is
through:
a. immunity
b. double jeopardy
c. subpoena
d. corpus delicti
5. The Fifth Amendment privilege against self-incrimination is violated by:
a. performing a body cavity search without a search warrant
b. instructing jurors that they may infer guilt from a criminal defendant’s failure to take the
witness stand and deny the charges
c. seizing a drug dealer’s business records under a search warrant
d. all of the above
6. Citizens may ignore self-reporting statutes that do the following:
a. apply to a highly select group engaged in criminal activity
b. report information that could, and probably will, lead to their prosecution
c. require them to pay an additional tax
d. both a & b
7. The following are types of appearance evidence except for:
a. fingerprints
b. body measurements
c. handwriting samples
d. X-rays
8. This decision established the modern framework for evaluating when compelling a suspect to
undergo a bodily intrusive search is constitutionally reasonable:
a. Schmerber v. California
b. Mallory v. United States
c. Winston v. Lee
d. Cupp v. Murphy
9. Three of the following factors must be considered in deciding whether compelling a suspect
to undergo a bodily intrusive search is reasonable. Which factor is not relevant?
a. whether the government’s need for the evidence is greater than the invasiveness of the
procedure needed to obtain it
b. probability that the evidence will be found
c. whether a search warrant is obtained
d. the seriousness of the crime
10. Courts have applied the exigent circumstances exception to all the following except:
a. reaching into the suspect’s mouth to prevent evidence from being swallowed
b. taking a semen sample for rape
c. taking a blood sample to test for alcohol intoxication
d. swabbing residues left on the skin
11. A search warrant should be obtained before performing searches that:
a. involve significant pain or physical discomfort
b. penetrate the surface of the body
c. involve bodily tissues or fluids
d. all of the above
12. Criminal defendants enjoy the “right to remain silent”:
a. only during their trial
b. only during police custodial interrogations and at criminal trials and sentencing
proceedings
c. only during police custodial interrogations, grand jury proceedings, and at their criminal
trial
d. in all legal proceedings, judicial or administrative, formal or informal, criminal or civil
criminal
13. An adverse inference may not be drawn against a person who invokes the Fifth Amendment.
a. at the person’s criminal trial
b. during a parole revocation hearing
c. during civil litigation
e. in any of these proceedings
14. A search warrant is required to compel a criminal defendant to undergo a procedure that:
a. will be used as evidence against him at his trial
b. could incriminate him
c. could be dangerous to his health
d. all of the above
15. A person may be compelled to answer questions about his criminal activity, without violating
the Fifth Amendment, when
a. he is granted immunity
b. he was previously convicted of the offense to which the questions relate
c. prosecution for the criminal activity is barred by the statute of limitations
d. all of the above
True/ False Questions
16. Defendants who testify at their criminal trial may not refuse to answer related questions on
cross-examination.
a. True
b. False
17. The Fifth Amendment privilege against self-incrimination may be asserted in any
proceedings, civil or criminal, administrative or judicial, investigatory or adjudicatory.
a. True
b. False
18. The Fifth Amendment privilege against self-incrimination does not protect against disclosure
of information that is not directly incriminating, even though it could lead to the discovery of
information that is.
a. True
b. False
19. Jail officials may not strip search persons booked into jail for minor offenses and traffic
violations unless they have reasonable suspicion that drugs or weapons will be found.
a. True
b. False
20. The Fifth Amendment prohibits the government from using voluntarily prepared,
handwritten documents as evidence against the accused in a criminal prosecution.
a. True
b. False
21. Legislatures may authorize police departments to take DNA samples from all persons
arrested for serious crimes as a routine part of their booking procedures.
a. True
b. False
22. Grounds for arrest are sufficient to compel participation in a station house lineup.
a. True
a. False
23. If a defendant invokes the Fifth Amendment during a criminal trial and is found guilty, this
may be considered at the sentencing phase.
a. True
b. False
24. Miranda warnings are not required for field sobriety tests.
a. True
b. False
25. Police must obtain a search warrant to have blood drawn to test for alcohol intoxication
whenever it is possible to obtain one without impairing the accuracy of the test results.
a. True
b. False
26. Absolute immunity bars the government from using compelled testimony to prosecute a
witness who has been granted immunity, but leaves the government free to prosecute based
on evidence derived independently from the compelled testimony.
a. True
b. False