Rights of the Accused: A Bill of Rights Trivia Experience

Rights of the Accused: A Bill of Rights Trivia Experience

In this activity...

you will be presented with a case scenario that will require you to apply your knowledge of the Bill of Rights. We'll discuss the scenario based on any observations first, then you'll get the question. We'll discuss why the answer is the way it is, also (if time). First, we need a few vocabulary tips.

search warrant

This is what the police need to search your home or private spaces. To get the warrant, they need to know what they are looking for, where they expect to find it, and the reason why

immunity

When more than one person commits a crime, the prosecution may try to use one of the accused against the other by offering IMMUNITY to the less dangerous criminal. IMMUNITY means, if you testify against the accomplice, you won't face prosecution.

"I plead the 5th"

This is the phrase that means you are invoking your 5th Amendment right to silence

Miranda Warning

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning." These rights are protected by the 5th and 6th Amendments in the Constitution.

confession

when a suspect admits to committing the crime

coercion

when authorities or the police use violence to get an accused individual or a suspect to confess to a crime

COERCION is an illegal means of obtaining a confession

plain sight

when contraband, or an illegal item (drugs, unregistered gun, etc) can be easily seen by the police without entering a space

they can see it through the window

they can see it because it's in your hand

they can smell it

double jeopardy

The 5th Amendment protects against DOUBLE JEOPARDY, or when an accused individual would be placed on trial, again, for the exact same crime, after being found innocent

Ready?

Here we go.

4th Amendment

1. Tom Tom, son of one of the town pipers was thought to have stolen a pig. A neigbor reported hearing some squealing and oinks coming from Tom's garage. Police came and wanted to search the garage. DID THEY NEED A WARRANT? 

Multiple Choice

1. Tom Tom, son of one of the town pipers was thought to have stolen a pig. A neigbor reported hearing some squealing and oinks coming from Tom's garage. Police came and wanted to search the garage. DID THEY NEED A WARRANT?

• No, they don't need a warrant. It's obvious what's going on.

• No, they are the police. They can do whatever they want.

• Yes, they need a warrant.

• No, because the neighbor said the garage was unlocked

5th Amendment

3. The Big Bad Wolf is arrested for destroying the pigs' house at 11:15 pm on Friday night. You saw the crime being committed. You are called to testify against the wolf. You don't want to do that because you would have to admit to being out after curfew (breaking the law.) CAN YOU PLEAD THE FIFTH AMENDMENT AND NOT TESTIFY?

Multiple Choice

3. The Big Bad Wolf is arrested for destroying the pigs' house at 11:15 pm on Friday night. You saw the crime being committed. You are called to testify against the wolf. You don't want to do that because you would have to admit to being out after curfew (breaking the law.) CAN YOU PLEAD THE FIFTH AMENDMENT AND NOT TESTIFY?

• No, you were called to testify by the court, so you have to.

• No, you have to testify if you are a witness. You are not on trial.

• Yes, you have the right to remain silent, even if you are not the defendant.

• No, testifying against someone else automatically protects you from any criminal prosecution

Miranda Rights-5th & 6th Amendments

4. Batman is arrested for the murder of the Joker. He is taken to the police station and given the Miranda warning. He says, he does not want a lawyer and to go ahead and ask anything, "I'm Batman." They ask him if he killed the Joker and he says, "I want a lawyer." CAN THE POLICE ASK HIM ANY MORE QUESTIONS?  

Multiple Choice

4. Batman is arrested for the murder of the Joker. He is taken to the police station and given the Miranda warning. He says, he does not want a lawyer and to go ahead and ask anything, "I'm Batman." They ask him if he killed the Joker and he says, "I want a lawyer." CAN THE POLICE ASK HIM ANY MORE QUESTIONS?

• Yes, the police can ask him questions. Batman said at the beginning it was okay.

• No, they have to release him from custody, immediately

• Yes, they can ask questions, take his mask, cape, and belt. Whatever.

• Yes and no, they can ask, but he doesn't have to answer anything. He is allowed to see a lawyer, as well.

4th Amendment

5. Wool E. Bull stole 2nd base. The groundskeeper needed it for the next game so he reported it to the police. WHAT THREE THINGS WOULD THE POLICE NEED TO GET A WARRANT TO SEARCH WOOL E. BULL'S HOUSE?

Multiple Select

5. Wool E. Bull stole 2nd base. The groundskeeper needed it for the next game so he reported it to the police. WHAT THREE THINGS WOULD THE POLICE NEED TO GET A WARRANT TO SEARCH WOOL E. BULL'S HOUSE?

• They need to explain what they are looking for

• They need to explain where they expect to find it

• They need to explain why they are looking for it

5th Amendment-Right to remain silent

6. Snow White was found dead when the Dwarfs came home and found her body. Deputies Sleepy and Dopey took a miner's pick and shovel and visited Snow White's evil stepmother. They started to hit her with the pick and shovel until she confessed to giving Snow White the poisoned apple. CAN THIS CONFESSION BE USED IN COURT?

Multiple Choice

6. Snow White was found dead when the Dwarfs came home and found her body. Deputies Sleepy and Dopey took a miner's pick and shovel and visited Snow White's evil stepmother. They started to hit her with the pick and shovel until she confessed to giving Snow White the poisoned apple. CAN THIS CONFESSION BE USED IN COURT?

• Yes, the stepmother confessed

• No, the confession was coerced or beaten from her

• Yes, she confessed before being arrested, and therefore no Miranda rights were required

• No, the Deputies didn't read her the Miranda rights

5th -No double jeopardy

7. Mary had a little lamb, its fleece was white as snow. The Big Bad Wolf was charged with stealing her lamb as it followed her to school one day. He was tried in court & was found not guilty. At a press conference after the trial, he admitted taking the lamb. "It was wandering around, ... I didn't know who it belonged to. Yea, I took the lamb." CAN THE WOLF BE TRIED AGAIN FOR STEALING THE LAMB?

Multiple Choice

7. Mary had a little lamb, its fleece was white as snow. The Big Bad Wolf was charged with stealing her lamb as it followed her to school one day. He was tried in court and was found not guilty. At a press conference after the trial, he admitted taking the lamb. "It was wandering around, not knowing which way to go. I didn't know who it belonged to. Yea, I took the lamb." CAN THE WOLF BE TRIED AGAIN FOR STEALING THE LAMB?

• Yes, they have new evidence to convict him

• Yes, he admitted stealing the lamb

• No, he admitted taking the lamb, but not STEALING it.

• No, someone found "not guilty" of an incident cannot be tried for the exact same crime again

5th Amendment-right to not testify against oneself

9. Carolina Hurricanes Jordan Staal and Coach Rod Brind'Amour were charged with taking the Stanley Cup from the Tampa Bay Lightning. Staal was given immunity for testifying against Coach Brind'Amour. CAN HE REFUSE TO TESTIFY ON 5TH AMENDMENT GROUNDS?

Multiple Select

9. Carolina Hurricanes Jordan Staal and Coach Rod Brind'Amour were charged with taking the Stanley Cup from the Tampa Bay Lightning. Staal was given immunity for testifying against Coach Brind'Amour. CAN HE REFUSE TO TESTIFY ON 5TH AMENDMENT GROUNDS?

• a. No, he has to testify he accepts immunity

• b. Yes, but he will lose his immunity

• c. Yes, he has a right to remain silent...and they can't do anything about it

4th Amendment

10. Roy Williams was accused of taking Mike Krzyzewski's coaching whistle, hoping it would make him a better coach. Police obtained a warrant to search the locker room and found the whistle in Coach Williams' gym bag. IS THIS A LEGAL SEARCH?

Multiple Choice

10. Roy Williams was accused of taking Mike Krzyzewski's coaching whistle, hoping it would make him a better coach. Police obtained a warrant to search the locker room and found the whistle in Coach Williams' gym bag. IS THIS A LEGAL SEARCH?

• No, the warrant didn't say they could look in his gym bag, just the locker room

• Yes, it is legal because a whistle would commonly be found in a gym bag, in a locker room

• No, nothing that favors Duke is legal

• Yes, anything that puts UNC behind bars is legal

• Somebody from N.C. State stole the whistle

5th Amendment- no self incrimination

11. Mike Krzyzewski was charged with creating a public nuisance by looking and coaching so ugly. At his trial, he did not testify. COULD THE PROSECUTING ATTORNEY MAKE AN ISSUE OUT OF THIS FACT IN HER CLOSING ARGUMENTS?

Multiple Choice

11. Mike Krzyzewski was charged with creating a public nuisance by looking and coaching so ugly. At his trial, he did not testify. COULD THE PROSECUTING ATTORNEY MAKE AN ISSUE OUT OF THIS FACT IN HER CLOSING ARGUMENTS?

• Yes, his silence equates to guilt

• No, a defendant always has the right to remain silent

• Yes, she could argue that it makes him look guilty whether he says anything or not

• Yes, because he someone who works for Duke, therefore, he works for the Devil(s)

Multiple Choice

12. DO POLICE HAVE TO GIVE YOU THE "MIRANDA WARNING" BEFORE THEY QUESTION YOU AFTER ARRESTING YOU?

• yes

• no

6th Amendment- "to be confronted with the witnesses against him"

16. The Big Bad Wolf attacks Little Red Riding Hood at Grandma's house. Red survives and is the only witness, but is scared to testify or identify the wolf in a court of law. CAN THEY CONVICT THE WOLF WITHOUT RED'S TESTIMONY OR IDENTIFICATION? 

Multiple Select

16. The Big Bad Wolf attacks Little Red Riding Hood at Grandma's house. Red survives and is the only witness, but is scared to testify or identify the wolf in a court of law. CAN THEY CONVICT THE WOLF WITHOUT RED'S TESTIMONY OR IDENTIFICATION?

• a. No, the Sixth amendment says the accused have a right to be confront by those witnessing against him

• b. Yes, he can be convicted because he was arrested

• c. Yes, there could be evidence at Grandma's house that clearly identifies him as the attacker (and murderer of Grandma)

8th Amendment- sentencing & punishment

You are the judge. The Big Bad Wolf has been convicted of murdering Grandma, assault on Little Red Riding Hood, and for destroying a straw house and a house made of sticks. What sentence will your give the Wolf? 

Open Ended

You are the judge. The Big Bad Wolf has been convicted of murdering Grandma, assault on Little Red Riding Hood, and for destroying a straw house and a house made of sticks. What sentence will your give the Wolf? Type you answer and push ENTER on you keyboard to submit you classwork.