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chapter 8 RQ.docx - John Lively Criminal Procedure and...

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John Lively 11-13-2017 Criminal Procedure and Evidence Chapter 8 Review Questions 1. Specifically, compulsion can occur when certain types of questions are asked to of people suspected of being involved in criminal activity. By contrast, compulsion rarely occurs when witnesses are asked questions. 2. Any criminal defendant has the right to remain silent at a grand jury as well as trial proceedings. However, such an individual can also refuse “to answer official questions put to him in any proceeding, civil or criminal, formal or informal, where the information might incriminate him in further proceedings”. Criminal proceedings can thus include more than criminal trials. 3. A witness can be defined as “someone who supplies testimonial evidence”. The Fifth-Amendment protection against self-incrimination also extends to things that people say which are communitive in nature-but not necessarily testimonial. 4. The self-incrimination clause is limited to the person making the incriminating statement. That is, the only person who can assert the Fifth-Amendment protection is the person being compelled to answer the question. The constitution explicitly prohibits compelling an accused to bear witness ‘against oneself’.
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  • Fall '16
  • Whitney Flesher
  • Fifth Amendment to the United States Constitution, Miranda v. Arizona, Miranda warning, Arrest, formal criminal proceedings

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