Criminology : Constitutional Law

Study concepts, example questions & explanations for Criminology

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Example Questions

Example Question #1 : Constitutional Law

Based on the 1966 Supreme Court case Miranda v. Arizona, which of the following rights is not required to be read to a suspect prior to questioning? 

Possible Answers:

If they cannot afford an attorney, the state will provide one

If they cannot afford an attorney, the state will not provide one

They have the right to remain silent

If they decide to make a statement, it can and will be used against them in court 

They have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney

Correct answer:

If they cannot afford an attorney, the state will not provide one

Explanation:

In the 1966 Supreme Court case Miranda v. Arizona, the Supreme Court made a decision that stated that as soon as an investigation begins to focus on a suspect, the so-called Miranda warnings must be read aloud before questioning can begin. The Miranda warnings are composed of the following four components: they have the right to remain silent;if they decide to make a statement, it can and will be used against them in court; they have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney; and if they cannot afford an attorney, the state will provide one. The choice that stated "if they cannot afford an attorney, the state will not provide one" is not a part of the Miranda warning. 

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