5th Amendment Flashcards
5th Amendment
Protects individuals against self-incrimination and against government-coerced confessions
Miranda Rights
Those in custody must be informed of their Miranda rights prior to interrogation, otherwise the statements are inadmissible
When does Miranda apply?
Only when the accused is in custody and interrogated
Custody is defined as …
The accused reasonably believes they are not free to lease
Interrogation is defined as …
Statements by police that are likely to elicit incriminating responses
Public Safety Exception to Miranda
Police may interrogate suspects without giving them Miranda warnings if it is necessary for public safety
Invoking right to silence
Police must cease all questions but may resume after a significant period concerning unrelated crimes but D must be re-warned of Miranda rights
Invoking 5th Amendment right to counsel
Must be unambiguously requested, police must cease all questions on any topic
If accused initiates communication after invoking right to counsel …
interrogation is allowed
Waiving Miranda rights
Must be done (1) knowingly and (2) voluntarily made
For a confession to be admissible under the 14th Amendment Due Process Clause, it must be assessed by …
totality of the circumstances
Double Jeopardy
D cannot be retried for the same offense one jeopardy has attached
Offenses are different if …
conviction for one offense requires proof of an element not included in the other offense
When jeopardy attaches …
jury trial - when jury is impanelled and sworn in
bench trial - when first witness is sworn in
pleas - once court accepts a plea agreement
Once jeopardy is attached, retrial is still allowed if either:
(a) hung jury
(b) mistrial due to manifest necessity
(c) retrial after a successful appeal by D
(d) D breaches a plea bargain agreement
(e) separate sovereigns
