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What is the Self Incrimination Clause? - 🧠ANSWER ✔✔A defendant shall
not be compelled to be a witness against themself
What does the Self Incriminating clause apply to? - 🧠ANSWER
✔✔Testimonial evidence such as communicative and INVOLUNTARY
confessions
, What does the self incriminating clause not apply to? - 🧠ANSWER ✔✔Non-
testimonial evidence such as handwriting, fingerprints, blood, saliva, and
lastly confessions made of one's free will
How will courts determine the voluntariness of a confession? - 🧠ANSWER
✔✔By considering if there was state action
Who carries the burden to provide proof of a voluntary confession? -
🧠ANSWER ✔✔The government
When does a suspect have the right to counsel? - 🧠ANSWER ✔✔During
the investigatory phase
True or False: The right to counsel may NOT arise before an arrest. -
🧠ANSWER ✔✔False, it MAY arise
When does the right to counsel apply? - 🧠ANSWER ✔✔For all crimes
where a potential defendant is suspected throughout the entire
investigatory process
When does the right to counsel not apply? - 🧠ANSWER ✔✔1. Police
showing photos
2 Taking blood, handwritingc or fingerprint samples