5th Amendment Flashcards
(11 cards)
What does the 5th Amendment provide?
No person shall be compelled in any criminal case to be a witness against himself
How does a defendant invoke his 5th Amendment right?
By simply not taking the stand
What is the significance of Miranda in relation to custodial interrogations?
Incriminating statements obtained from custodial interrogation may NOT be used unless Miranda rights are informed
What defines a person being in custody?
A person is in custody when he reasonably believes that he is NOT free to leave
What is an example of a situation where a person is in custody?
Being in the back of a police cruiser
When is a person subject to interrogation?
When police know or should know their words/actions are likely to elicit an incriminating response
Does Miranda protect volunteered statements?
No, volunteered statements are not the product of interrogation
What rights are encompassed in “Miranda Rights”
- Right to remain silent
- Any statement may be used against her in court
- Right to consult an attorney and have it present during questioning
- Right to have an attorney appointed if unable to afford one
What is required for a defendant to waive their Miranda rights?
The waiver must be made knowingly and voluntarily
Who bears the burden of proof to demonstrate a valid waiver of Miranda rights?
The government must demonstrate by a preponderance of the evidence
to what type of speech does the 5th amendment privilege against self-incrimination apply?
privilege against self-incrimination extends only to compelled “testimonial” communications
e.g. being compelled to speak words ina lineup would not count
