STREET LAW study guide #5: 5th and 6th Amendments
NAME: _______________________________
directions: In STREET LAW, read pages 152-154 and answer the questions below --
1. What is the rationale for the 5th Amendment privilege against self-incrimination?
* the government has the burden of proof -- accused is presumed innocent
2. Why do you think the 6th Amendment requires a person accused of a crime to have assistance of counsel?
* complexity of the trial process
3. The Supreme Court has established two requirements before a confession can be used at a criminal trial. The Government must prove what?
* that Miranda warnings were given
* that the confession was voluntary
4. Why do you think in Escobedo v. Illinois, the Supreme Court ruled that even a voluntary confession is inadmissible at trial if the defendant first requested a lawyer and was denied access to one?
* once a lawyer is requested, questions are to cease until the accused has the advise of counsel
5. What was the Miranda v. Arizona rationale for requiring that police inform a person taken into custody of their right to remain silent and their right to an attorney?
* the Court will not assume the accused is aware of his rights and will not accept evidence that he is
6. Why is it that a failure to give a person arrested their Miranda warnings does not affect the validity of the arrest itself?
* MIRANDA warnings are not required for arrests
7. Why has the Miranda warnings requirement continued for 45 years to be controversial?
* it has resulted in "guilty" individuals going free (eg. O.J. Simpson)
8. Since the Miranda warnings requirements were put into effect, what are two limitations on the requirement that the Supreme Court has added since 1966?
* public safety exception
* inevitable discovery
9. Read "The Case of Miranda v. Arizona" on page 153. Do you think Miranda's confession should have been allowed to be used at trial? Explain your opinion.
10. Read "The case of the Parolee and the Detective" on page 154. What arguments can be made in favor of the defendant's position on the search? What arguments can be made on behalf of the Government's position on admissibility? And, finally, how would you decide this issue and why?
directions: In STREET LAW, read pages 152-154 and answer the questions below --
1. What is the rationale for the 5th Amendment privilege against self-incrimination?
* the government has the burden of proof -- accused is presumed innocent
2. Why do you think the 6th Amendment requires a person accused of a crime to have assistance of counsel?
* complexity of the trial process
3. The Supreme Court has established two requirements before a confession can be used at a criminal trial. The Government must prove what?
* that Miranda warnings were given
* that the confession was voluntary
4. Why do you think in Escobedo v. Illinois, the Supreme Court ruled that even a voluntary confession is inadmissible at trial if the defendant first requested a lawyer and was denied access to one?
* once a lawyer is requested, questions are to cease until the accused has the advise of counsel
5. What was the Miranda v. Arizona rationale for requiring that police inform a person taken into custody of their right to remain silent and their right to an attorney?
* the Court will not assume the accused is aware of his rights and will not accept evidence that he is
6. Why is it that a failure to give a person arrested their Miranda warnings does not affect the validity of the arrest itself?
* MIRANDA warnings are not required for arrests
7. Why has the Miranda warnings requirement continued for 45 years to be controversial?
* it has resulted in "guilty" individuals going free (eg. O.J. Simpson)
8. Since the Miranda warnings requirements were put into effect, what are two limitations on the requirement that the Supreme Court has added since 1966?
* public safety exception
* inevitable discovery
9. Read "The Case of Miranda v. Arizona" on page 153. Do you think Miranda's confession should have been allowed to be used at trial? Explain your opinion.
10. Read "The case of the Parolee and the Detective" on page 154. What arguments can be made in favor of the defendant's position on the search? What arguments can be made on behalf of the Government's position on admissibility? And, finally, how would you decide this issue and why?