CJ 305 Final Exam Questions with
Complete Answers
What is self-incrimination? - ANSWER-Revealing information that creates a risk of
criminal conviction (for crimes committed and revealed)
What are the types of incrimination? - ANSWER-Testimony and Compulsion
Testimony incrimination - ANSWER-Words or actions which disclosure things a
person knows. It includes "I did it", "guilty"
Compulsion incrimination - ANSWER-When information is obtained by threatening
serious consequences unless the information is provided. It includes blackmail,
harm, threats, and harsher sentences
What is bodily self-incrimination? - ANSWER-A fourth amendment protection against
compulsory production of physical evidence. Composed of freedom of movement
(the police have physical control of the individual), bodily privacy (parts not exposed
to the public), and bodily integrity (procedures performed which invade the suspect's
privacy)
What does bodily self-incrimination include? - ANSWER-Appearance evidence and
bodily evidence
What is appearance evidence? - ANSWER-Derived from body characteristics
routinely displayed to the public (photographs, lineups, fingerprints and footprints,
handwriting and voice samples, and field sobriety tests)
What is bodily evidence? - ANSWER-Evidence obtained from searching areas of a
body not normally exposed to the public
What constitutional amendment addresses self-incrimination? - ANSWER-The 5th
Amendment
How does the accused invoke the privilege of the 5th amendment? - ANSWER-
Articulate pleading the 5th
May the 5th amendment privilege be waived? How? - ANSWER-Yes, A person may
testify at their own trial-he/she has waived the privilege of not "bearing witness"
against him/herself if the privilege is not invoked
If a defendant testifies at trial, may he invoke the self-incrimination privilege and
refuse to answer all questions from the prosecutor? - ANSWER-Once taken the
stand, cannot plead the 5th (open up for cross examination)
Complete Answers
What is self-incrimination? - ANSWER-Revealing information that creates a risk of
criminal conviction (for crimes committed and revealed)
What are the types of incrimination? - ANSWER-Testimony and Compulsion
Testimony incrimination - ANSWER-Words or actions which disclosure things a
person knows. It includes "I did it", "guilty"
Compulsion incrimination - ANSWER-When information is obtained by threatening
serious consequences unless the information is provided. It includes blackmail,
harm, threats, and harsher sentences
What is bodily self-incrimination? - ANSWER-A fourth amendment protection against
compulsory production of physical evidence. Composed of freedom of movement
(the police have physical control of the individual), bodily privacy (parts not exposed
to the public), and bodily integrity (procedures performed which invade the suspect's
privacy)
What does bodily self-incrimination include? - ANSWER-Appearance evidence and
bodily evidence
What is appearance evidence? - ANSWER-Derived from body characteristics
routinely displayed to the public (photographs, lineups, fingerprints and footprints,
handwriting and voice samples, and field sobriety tests)
What is bodily evidence? - ANSWER-Evidence obtained from searching areas of a
body not normally exposed to the public
What constitutional amendment addresses self-incrimination? - ANSWER-The 5th
Amendment
How does the accused invoke the privilege of the 5th amendment? - ANSWER-
Articulate pleading the 5th
May the 5th amendment privilege be waived? How? - ANSWER-Yes, A person may
testify at their own trial-he/she has waived the privilege of not "bearing witness"
against him/herself if the privilege is not invoked
If a defendant testifies at trial, may he invoke the self-incrimination privilege and
refuse to answer all questions from the prosecutor? - ANSWER-Once taken the
stand, cannot plead the 5th (open up for cross examination)
