5th amendment

Question 1

5th Amendment privilege against self-incrimination

Answer 1

available only for compelled testimonial or communicative evidence

Question 2

5th Am. privilege exceptions

Answer 2

privilege does not apply if:
1) grant of immunity for self-incriminating testimony
2) incrimination is not possible (e.g., SOL has run)
3) D waives privilege

Question 3

when Miranda applies

Answer 3

only when accused is in custody and interrogated

Question 4

custody

Answer 4

accused reasonably believes they are not free to leave

Question 5

interrogation

Answer 5

statements by police likely to elicit incriminating responses; unsolicited statements not protected and routine questioning is not considered interrogation

Question 6

Miranda warnings

Answer 6

1) right to remain silent
2) anything said can be used against him
3) right to presence of an attorney
4) one will be appointed if accused can’t afford

Question 7

double jeopardy

Answer 7

arises when D is prosecuted with one crime and tried, then charged again with the same offense

Question 8

“same offense”

Answer 8

offenses are different if conviction for one offense requires proof of an element not included in the other offense

Question 9

when jeopardy attaches

Answer 9

start of trial generally required; e.g., does not attach for charges or grand jury proceedings alone

Question 10

double jeopardy exceptions permitting retrial

Answer 10

1) hung jury
2) mistrial due to manifest necessity
3) retrial after a successful appeal by D
4) D breaches a plea bargain agreement
5) separate sovereigns