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The fifth amendment privilege against self incrimination

NOT violated when forcing an immunized witness to give testimony


if prosecutor points out that defendant has knowledge of crime they have not explained

it violates 5th amend by offering any adverse comment during a close statement


erroneously admits involuntary confession

determine if it had any effect on trial and reverse conviction where error was not harmless


olice arrest Samuel for child molestation, ask questions prior to Miranda, took stand in own defense and offered explanatory story different than inadmissible confession

prosecutor permitted to introduce evidence of pre Miranda confession as a way to impeach defendant’s testimony


Lower level drug dealer refuses to testify, granted use immunity

has no constitutional right to refuse to testify against his superior on these facts


Sandi and Raul Pelig

Sandi can be forced to offer DNA and fingerprint


5th amend privilege may be asserted

during GJ examination of witnesses, during trial of defendant by refusing to take the stand, at post arrest attempt at interrogation, at state legislative hearing (all of the above)


lawful taking of bodily fluids for analysis

does not violate 5th /c not represent compelled testimonial self incrimination


Andrew robbed convenience store, confessed to priest, police officer did not interrupt to offer any Miranda

confession is voluntary and no violation by LEO of 5th amend


as a general rule, at the 5th amend privilege against self incrimination may be asserted when

a witness at a court trial is asked a question that the answer would tend to incriminate the individual, and when a witness at a court to trial is asked an incrimination question concerning a criminal act over which use immunity has been granted by the prosecutor (a and b)


Child molestation in park

will not be permitted to introduce the defendant’s park confession a s a method of impeaching the defendant’s trial testimony since no one knows whether that confession was a truthful statement


when an indigent defendant is to be given a PH following arrest, the defendant

must be given an attorney free of charge because the SC has determined that a PH is a critical stage of the CJ process


Federal Bail Reform Act of 1984

provides that bail can be denied and pretrial detention ordered by a judge where the defendant has been charged w/ specific drug offenses


defendant arrested and indicted for capital murder, search and seizure issue

might grant bail and set bail at a high amount where all the evidence indicted that the defendant would return for all court proceedings and would surrender if convicted


when an attorney is present at PH

can interrogate prosecution’s witnesses, preserve prosecution evidence that is favorable to the defendant, cross examine prosecution witnesses



8th amend


federal arresting involving kilos of cocaine

consists of holding the required hearing late, but allowing each side to make any arguments or motions that they could have made had the bail hearing been held in a timely fashion. The gov will suffer no penalty for failing to comply with the law.


right to speedy trial begins to run from the time

when the defendant has been arrested, indicted or had an info filed against...whichever comes first.


cases decided by SC have determined when the concept of jeopardy attaches...jeopardy attaches

in a jury trial, at the time that jury selection has been completed and the jury has been empanelled and sworn


Craig Desalvo charged state case with marijuana, charges dismissed:

will lose his motion to have the prosecution dismissed since the double jeopardy provision does not protect him under these circumstances


original intent of the framers 5th amend



confession has been illegally coerced: appellate court should automatically reverse conviction



Personal motivations, mental or religious, cause to offer confession are not factors in determining voluntariness as long as LE has not improperly motivated to offer a confession



coerced/involuntary confessions should not be admitted to prove guilt, can be used for impeachment



5th amend limites federal prosecutions but provides no protection for a defendant in state criminal courts because privilege against self incrimination has never been incorporated under due process



where defendants have been physically tortured under police or mob direction, the introduction of subsequent coerced confession against defendants in a state criminal trial must result in reversal of any resulting convictions



involuntary confession wrongly introduced, an automatic reversal will be granted upon



th amend has been judicially determined to apply to real human beings and also can be asserted by corporations or other artificial business entities



if a witness is asked a question that could subject them to prosecution in a foreign nation

false cannot assert 5th amend rights


a person may not refuse to testify when called as a witness where the answers may incriminate witness since GJ cannot convict witness of any crime