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5 TH AMENDMENT

5 TH AMENDMENT. WHAT ARE YOUR RIGHTS? . 5 ELEMENTS OF THE 5TH. Grand Jury Indictment (skipping) Double Jeopardy Protection Against Self Incrimination: “I PLEAD THE 5TH!” Due Process of Law - Fairness No Taking of Property without Just Compensation (skipping). DOUBLE JEOPARDY.

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5 TH AMENDMENT

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  1. 5TH AMENDMENT WHAT ARE YOUR RIGHTS?

  2. 5 ELEMENTS OF THE 5TH Grand Jury Indictment (skipping) Double Jeopardy Protection Against Self Incrimination: “I PLEAD THE 5TH!” Due Process of Law - Fairness No Taking of Property without Just Compensation (skipping)

  3. DOUBLE JEOPARDY Concept has a long history – Athens, 355 BC the Government cannot make repeated attempts to convict an individual for an alleged CRIMINAL offense extends to all felonies, misdemeanors, and juvenile-delinquency adjudications http://www.zuguide.com/#Double-Jeopardy

  4. DOUBLE JEOPARDY EXCEPTIONS Some exceptions Charges filed, then dropped Jury cannot come to verdict – “mistrial” Defendant asks for another trial on appeal State and Federal government may prosecute for same act

  5. “I PLEAD THE 5TH” • Miranda v Arizona – among the most popular cases in Constitutional law • Created Miranda Rights • Right to remain SILENT • Anything you say can and will be used against you • Right to an attorney, appointed if you cannot afford one

  6. RIGHT TO REMAIN SILENT Miranda applies in CUSTODIAL INTERROGATION, when you are NOT free to leave if the police are questioning you At any time, you may request a lawyer during custodial interrogation Upon request for a lawyer, the Police may not question, but can still TALK TO EACH OTHER Police need not be totally truthful

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