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Rights of the Accused: The 5th Amendment
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Rights of the Accused: The 5th Amendment

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  • 1. Rights of the Accused: Understanding the 5th Amendment
  • 2. What rights does the 5 th Amendment guarantee us?
  • 3. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury
  • 4. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy
  • 5. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy 3. no self-incrimination
  • 6. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy 3. no self-incrimination 4. right to due process
  • 7. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy 3. no self-incrimination 4. right to due process 5. eminent domain
  • 8. 1 grand jury a special type of jury that investigates whether criminal charges should be brought
  • 9. 1 grand jury Only applies to the federal government. About 50% of the states have grand juries.
  • 10. 2 double jeopardy you cannot be tried for the same crime twice
  • 11. 2 double jeopardy The government has more resources (time and money), so retrying cases would not be fair.
  • 12. 2 double jeopardy If a mistrial is declared, the accused can be tried again.
  • 13. 2 double jeopardy A mistrial was declared in the Phil Spector murder case, because only 10 of the 12 jurors wanted to convict.
  • 14. 3 self-incrimination means a defendant cannot be forced to testify against himself.
  • 15. 3 self-incrimination Ernesto Miranda confessed to raping a 18 year old girl after 2 hours of police questioning, but the police never told him he had the right to a lawyer.
  • 16. 3 self-incrimination The one exception to the Miranda rule is if public safety is jeopardized. Police can ask where the gun is when making an arrest in a public place.
  • 17. 3 self-incrimination The government require you to provide “non-verbal” testimony. fingerprints, handwriting samples, fingernail clippings, sobriety tests, police line-ups, etc.
  • 18. 4 due process means the government must be fair in all of its actions
  • 19. 4 due process When the police set up roadblocks, they’re supposed to create a randomized rule (example: every fourth car) and not stop anyone based on race or gender.
  • 20. 4 due process The government usually cannot take away a benefit (like welfare) without a notice or a hearing.
  • 21. 4 due process Before a student gets suspended, they have a right to know the accusations. Students are not entitled to a lawyer or to call witnesses.
  • 22. 5 eminent domain means the right of the gov’t to take private property for public use
  • 23. 5 eminent domain The government has to prove (to a judge) it has a very good reason to take your property. It must pay you a fair amount for whatever it takes.
  • 24. 5 eminent domain Mayor Isaacs tried to use eminent domain to re-sell Lexington Mall, because the abandoned buildings are an eyesore and attract crime.