NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A client is charged with burglary. During the police interview, the client confessed to the crime after being told by officers that 'it would go easier on you if you just told us what happened.' The client was not read their Miranda rights. Which of the following constitutional amendments is most relevant to challenging the admissibility of this confession?
- ASixth Amendment
- BFifth Amendment
- CEighth Amendment
- DFourteenth Amendment
Show answer & explanationAnswer & explanation
Correct answer: B. Fifth Amendment
The Fifth Amendment protects against self-incrimination and is the basis for the Miranda warnings. A confession obtained without these warnings, or through coercion (like implied promises of leniency), would violate the client's Fifth Amendment rights.
Why the other options are wrong
- A. The Sixth Amendment guarantees the right to counsel, speedy trial, and confrontation of witnesses, primarily concerning trial procedures.
- C. The Eighth Amendment prohibits cruel and unusual punishment and excessive bail/fines.
- D. The Fourteenth Amendment contains the Due Process Clause, which applies Fifth Amendment rights to the states, but the core right here is self-incrimination.
Fifth Amendment - Self-Incrimination
A provision in the U.S. Constitution that protects individuals from being compelled to be a witness against themselves in a criminal case.
- Basis for Miranda warnings (right to remain silent, right to an attorney).
- Applies during custodial interrogation.
- Confessions obtained in violation are generally inadmissible under the exclusionary rule.
- Also known as 'pleading the Fifth'.
Memory trick: Five fingers cover your mouth, stopping self-incrimination.