Question

Why might the use of a suspect's words in a lineup implicate which constitutional protection?

a) the privilege against self-incrimination, because the evidence is testimonial or communicative
b) the prohibition on unreasonable searches and seizures, because the suspect's words are being seized without a warrant
c) the suspect's right to an attorney, if the suspect has been indicted and the attorney is not present
d) due process, because it is unfair to require the suspect to speak at a lineup

Answer 1

The use of a suspect's words in a lineup may violate the Fifth Amendment's privilege against self-incrimination and implicate Miranda rights, requiring that suspects are informed of their right to remain silent and have counsel present.

Step-by-step explanation:

The use of a suspect's words in a lineup may implicate the constitutional protection known as the privilege against self-incrimination. This protection is strongly associated with the Miranda rights, which stem from the landmark case Miranda v. Arizona.

In this decision, the Supreme Court held that prosecutors could not use statements from custodial interrogation unless procedural safeguards were used to secure the privilege against self-incrimination.

These safeguards include informing the suspect of their rights, such as the right to remain silent and the right to have counsel present during interrogations. Hence, using a suspect's words in a lineup without such safeguards could implicate their Fifth Amendment rights.