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A suspect can invoke his/her Fifth Amendment rights as grounds to refuse to give a voice exemplar during a lineup.

a) True

b) False

User Qululu
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1 Answer

5 votes

Final answer:

False

A suspect cannot invoke the Fifth Amendment to refuse giving a voice exemplar, as the Amendment protects against self-incrimination, not the collection of physical evidence. The Fifth Amendment applies to testimony, not to providing physical exemplars such as voice samples.

Step-by-step explanation:

The student has asked whether a suspect can invoke his/her Fifth Amendment rights to refuse to give a voice exemplar during a lineup. The correct answer is b) False. The Fifth Amendment protects individuals from self-incrimination, meaning they have the right to refuse to answer questions that may incriminate themselves.

However, providing a voice exemplar is considered a form of physical evidence, much like fingerprints or a lineup, and does not involve making statements that could be self-incriminating. Consequently, the Fifth Amendment does not provide the right to refuse to give a voice exemplar.

In the landmark case of Miranda v. Arizona, the Supreme Court held that suspects must be informed of their rights, including the right against self-incrimination and the right to an attorney, before being interrogated while in police custody. Therefore, while the Fifth Amendment ensures that a suspect can remain silent to avoid self-incrimination, it does not apply to the collection of physical evidence.

User Timothy Mugayi
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