Chapter 10 - The Fifth Amendment
Obtaining Information Legally
Multiple Choice
1. Although the Fifth Amendment specifically mentions the “due process” of law, which of the following Amendments
also deals with due process?
a. the Sixth Amendment
b. the Eighth Amendment
c. the Fourteenth Amendment
d. the Seventeenth Amendment
ANSWER: c
POINTS: 1
REFERENCES: Introduction
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJEC CLCJ.HAHE.18.10.01 - Understand what the Fifth Amendment prohibits the government from doing
TIVES: and what the amendment guarantees.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:26 AM
DATE MODIFIED: 1/9/2017 1:35 AM
2. Police actions that would "shock the conscience" were found to violate due process in:
a. Miranda v. Arizona.
b. Rochin v. California.
c. In re Gault.
d. Katz v. United States.
ANSWER: b
POINTS: 1
REFERENCES: Due Process of Law
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJEC CLCJ.HAHE.18.10.01 - Understand what the Fifth Amendment prohibits the government from doing
TIVES: and what the amendment guarantees.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:29 AM
DATE MODIFIED: 1/9/2017 1:35 AM
3. The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and
confessions that are otherwise coerced for all of the following reasons, except:
a. they are inherently unreliable.
b. to do otherwise would be a violation of due process.
c. for a need to hold government accountable by holding such confessions inadmissible.
d. the concern for public safety is not a Fifth Amendment issue.
ANSWER: d
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
Copyright Cengage Learning. Powered by Cognero. Page 1
,QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:30 AM
DATE MODIFIED: 1/9/2017 1:35 AM
4. The first confession case decided by the Supreme Court was:
a. Miranda v. Arizona.
b. In re Gault.
c. New York v. Quarles.
d. Brown v. Mississippi.
ANSWER: d
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:32 AM
DATE MODIFIED: 1/9/2017 1:35 AM
5. The due process voluntariness test is “whether the totality of the circumstances that preceded the confession deprived
the defendant of his”:
a. reasonable expectation of privacy.
b. power of resistance.
c. self-incrimination rights.
d. determination to remain silent.
ANSWER: b
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:34 AM
DATE MODIFIED: 1/9/2017 1:35 AM
6. The U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are
violations of constitutionally protected due process rights in:
a. Brown v. Mississippi.
b. Fikes v. Alabama.
c. Katz v. United States.
d. Dickerson v. United States.
ANSWER: a
POINTS: 1
Copyright Cengage Learning. Powered by Cognero. Page 2
,REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:36 AM
DATE MODIFIED: 1/9/2017 1:35 AM
7. You are the on-duty desk sergeant at the local police station. A man walks in and says, “I killed someone and want to
confess.” You grab your digital voice recorder and direct the man to a chair. He sits down and tells the tale of what turns
out to be a first-degree murder. You record every word, including the numerous instances in which you said, “Uh- huh”
and “I see.” Satisfied that the subject did, indeed, commit a murder, you place him under arrest. The confession is:
a. inadmissible, because recording it was a violation of the man’s reasonable expectation of privacy.
b. inadmissible, because the man was in a coercive environment and was, therefore, in custody for purposes of
Miranda, and the encouragement to continue was interrogation.
c. admissible under the public safety exception to Miranda, because the man was a danger to police officers and
the public.
d. admissible as a voluntary statement, because the subject was neither in custody nor interrogated for purposes
of Miranda.
ANSWER: d
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:37 AM
DATE MODIFIED: 1/9/2017 1:35 AM
8. For a confession to be admissible, it must be:
a. voluntary.
b. true.
c. independently corroborated.
d. in writing.
ANSWER: a
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:39 AM
DATE MODIFIED: 1/9/2017 1:35 AM
9. The conception and planning of an offense by an officer, and the officer's procurement of its commission by a person
who would not have perpetrated the offense except for the trickery, persuasion, or fraud of the officer, is:
a. ensnarement.
Copyright Cengage Learning. Powered by Cognero. Page 3
, b. entrapment.
c. framing.
d. trepidation.
ANSWER: b
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:41 AM
DATE MODIFIED: 1/9/2017 1:35 AM
10. It is not unconstitutional to obtain a confession by:
a. deprivation of food, drink, or sleep.
b. psychological means.
c. trickery and deceit.
d. threats, but not acts, of violence.
ANSWER: c
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:42 AM
DATE MODIFIED: 1/9/2017 1:35 AM
11. The precedent case for analyzing confession issues is:
a. Terry v. Ohio.
b. Miranda v. Arizona.
c. Escobedo v. Illinois.
d. Massiah v. United States.
ANSWER: b
POINTS: 1
REFERENCES: Miranda v. Arizona
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.03 - Identify the primary modern case for analyzing confessions.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:44 AM
DATE MODIFIED: 1/9/2017 1:35 AM
12. Which of the following is not a part of the Miranda warnings?
a. You have the right to remain silent.
Copyright Cengage Learning. Powered by Cognero. Page 4
Obtaining Information Legally
Multiple Choice
1. Although the Fifth Amendment specifically mentions the “due process” of law, which of the following Amendments
also deals with due process?
a. the Sixth Amendment
b. the Eighth Amendment
c. the Fourteenth Amendment
d. the Seventeenth Amendment
ANSWER: c
POINTS: 1
REFERENCES: Introduction
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJEC CLCJ.HAHE.18.10.01 - Understand what the Fifth Amendment prohibits the government from doing
TIVES: and what the amendment guarantees.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:26 AM
DATE MODIFIED: 1/9/2017 1:35 AM
2. Police actions that would "shock the conscience" were found to violate due process in:
a. Miranda v. Arizona.
b. Rochin v. California.
c. In re Gault.
d. Katz v. United States.
ANSWER: b
POINTS: 1
REFERENCES: Due Process of Law
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJEC CLCJ.HAHE.18.10.01 - Understand what the Fifth Amendment prohibits the government from doing
TIVES: and what the amendment guarantees.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:29 AM
DATE MODIFIED: 1/9/2017 1:35 AM
3. The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and
confessions that are otherwise coerced for all of the following reasons, except:
a. they are inherently unreliable.
b. to do otherwise would be a violation of due process.
c. for a need to hold government accountable by holding such confessions inadmissible.
d. the concern for public safety is not a Fifth Amendment issue.
ANSWER: d
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
Copyright Cengage Learning. Powered by Cognero. Page 1
,QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:30 AM
DATE MODIFIED: 1/9/2017 1:35 AM
4. The first confession case decided by the Supreme Court was:
a. Miranda v. Arizona.
b. In re Gault.
c. New York v. Quarles.
d. Brown v. Mississippi.
ANSWER: d
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:32 AM
DATE MODIFIED: 1/9/2017 1:35 AM
5. The due process voluntariness test is “whether the totality of the circumstances that preceded the confession deprived
the defendant of his”:
a. reasonable expectation of privacy.
b. power of resistance.
c. self-incrimination rights.
d. determination to remain silent.
ANSWER: b
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:34 AM
DATE MODIFIED: 1/9/2017 1:35 AM
6. The U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are
violations of constitutionally protected due process rights in:
a. Brown v. Mississippi.
b. Fikes v. Alabama.
c. Katz v. United States.
d. Dickerson v. United States.
ANSWER: a
POINTS: 1
Copyright Cengage Learning. Powered by Cognero. Page 2
,REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:36 AM
DATE MODIFIED: 1/9/2017 1:35 AM
7. You are the on-duty desk sergeant at the local police station. A man walks in and says, “I killed someone and want to
confess.” You grab your digital voice recorder and direct the man to a chair. He sits down and tells the tale of what turns
out to be a first-degree murder. You record every word, including the numerous instances in which you said, “Uh- huh”
and “I see.” Satisfied that the subject did, indeed, commit a murder, you place him under arrest. The confession is:
a. inadmissible, because recording it was a violation of the man’s reasonable expectation of privacy.
b. inadmissible, because the man was in a coercive environment and was, therefore, in custody for purposes of
Miranda, and the encouragement to continue was interrogation.
c. admissible under the public safety exception to Miranda, because the man was a danger to police officers and
the public.
d. admissible as a voluntary statement, because the subject was neither in custody nor interrogated for purposes
of Miranda.
ANSWER: d
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:37 AM
DATE MODIFIED: 1/9/2017 1:35 AM
8. For a confession to be admissible, it must be:
a. voluntary.
b. true.
c. independently corroborated.
d. in writing.
ANSWER: a
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:39 AM
DATE MODIFIED: 1/9/2017 1:35 AM
9. The conception and planning of an offense by an officer, and the officer's procurement of its commission by a person
who would not have perpetrated the offense except for the trickery, persuasion, or fraud of the officer, is:
a. ensnarement.
Copyright Cengage Learning. Powered by Cognero. Page 3
, b. entrapment.
c. framing.
d. trepidation.
ANSWER: b
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:41 AM
DATE MODIFIED: 1/9/2017 1:35 AM
10. It is not unconstitutional to obtain a confession by:
a. deprivation of food, drink, or sleep.
b. psychological means.
c. trickery and deceit.
d. threats, but not acts, of violence.
ANSWER: c
POINTS: 1
REFERENCES: The Fifth Amendment and Confessions
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.02 - List the factors that determine the voluntariness of a confession.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:42 AM
DATE MODIFIED: 1/9/2017 1:35 AM
11. The precedent case for analyzing confession issues is:
a. Terry v. Ohio.
b. Miranda v. Arizona.
c. Escobedo v. Illinois.
d. Massiah v. United States.
ANSWER: b
POINTS: 1
REFERENCES: Miranda v. Arizona
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
LEARNING OBJECTIVES: CLCJ.HAHE.18.10.03 - Identify the primary modern case for analyzing confessions.
KEYWORDS: Bloom’s: Remembering
DATE CREATED: 1/8/2017 4:44 AM
DATE MODIFIED: 1/9/2017 1:35 AM
12. Which of the following is not a part of the Miranda warnings?
a. You have the right to remain silent.
Copyright Cengage Learning. Powered by Cognero. Page 4
