Exam 2: 5th amendment

Question 1

What is a regular jury?

Answer 1

A group of citizens, who determine whether an individual is GUILTY or NOT GUILTY

Question 2

what is a grand jury?

Answer 2

a group of citizens, who determine whether THERE IS ENOUGH EVIDENCE TO JUSTIFY A TRIAL

Question 3

what are the two outcomes a grand jury can rule?

Answer 3

1. indict
2. acquit

Question 4

What does it mean if a grand jury indict?

Answer 4

the jury believes that there is ENOUGH EVIDENCE to CHARGE YOU with a crime & have a trail

Question 5

what does it mean if a grand jury acquits?

Answer 5

there is NOT ENOUGH EVIDENCE to charge you with a crime & justify a trail

Question 6

T/F: If someone is indicted by a grand jury they are automatically guilty.

Answer 6

FALSE
* Even if someone is indicted this doesn’t mean that they are guilty. You go to trail to determine if you are guilty or not guilty

Question 7

What are some circumstances in which a grand jury is NOT needed?

Answer 7

1. federal felony cases
2. states are able to decide if state felony cases get a grand jury
3. deployed armed forces are not guaranteed a grand jury, bc the military has its own court system

Question 8

What is double jeopardy?

Answer 8

an individual cannot be tried MORE THAN ONCE for an offense/ crime

Question 9

Can someone who is given a 25-year sentence for murder be brought back to court to be given the death penalty?

Answer 9

NO,
under double jeopardy this cannot be done. since the person has already been sentence for the crime.
under double jeopardy this person cannot be tried for the crime again

Question 10

Can someone found not guilty of murder be sent back to trail by the opposing side until a guilty verdict is sentenced?

Answer 10

NO,
under double jeopardy this person cannot be tried twice for the same crime. he/she can only be tried once and thats it.

Question 11

T/F: if a person commits three different murders at the same, they can have a trail for each person they killed.

Answer 11

TRUE,
since they are each separate people

Question 12

What are two cases in which double jeopardy was not applicable?

Answer 12

Rodney King

OJ Simpson

Question 13

What are two exception to double jeopardy?

Answer 13

1. A person may be tried on both levels (state and federal) if there is an APPLICABLE CRIME
2. may be liable for a CIVIL SUIT (may be sent to a civil court, along with having a trail at a criminal court)
   You can be held liable in both civil and criminal courts.

Question 14

when is the only circumstance in which a person is tried twice?

Answer 14

if there is an APPLICABLE CRIME

tried on the state and federal level

Question 15

What is an example of applicable crime?

Answer 15

if the states finds you not guilty and the federal govt. has a DIFFERENT murder law, the federal govt can try you for the same murder as well

Question 16

Applicable crimes apply to

Answer 16

very serious crimes

Question 17

What is the Background/ Summary of the case of Rodney King

Answer 17

King was riding on his motorcycle and the police stopped him and killed him (police brutality). The state charged the police officers and were found not guilty. The federal govt. had a different law, so they were tried with the federal govt.

(these police officers were tried two times, both at the state and federal level, this DOES NOT violate double jeopardy, since they each have different laws in place)

Question 18

What is an example of an applicable crime?

Answer 18

The case of rodney king.

the police officers were tried in both a state and federal court

Question 19

What is an example of someone being tried in a criminal and civil court?

Answer 19

OJ Simpson

Question 20

Explain the background of the case of OJ Simpson and why his case was an exemption of double jeopardy.

Answer 20

He was charged in criminal court and was found not guilty. His ex-wife’s family sued him in a civil court. He can still stand trial in the civil court. He was found guilty in the civil court.

**You can be held liable in both civil and criminal courts. **

Question 21

If you are detained under the 5th amendment you have the right to

Answer 21

remain silent

Question 22

if you are in court, under the 5th amendment you have a right to say

Answer 22

I plead the 5th

Question 23

the 5th amendment clause 3 is the right

Answer 23

against self-incrimination

Question 24

In court under the 5th amendment guilt

Answer 24

CANNOT BE ASSUMED

if someone keeps saying i plead the 5th you cannot assume that they are guilty

Question 25

What amendments are known as the rights of criminal defendants?

Answer 25

amendment 4-8

Question 26

What is the background of Miranda v. Arizona?

Answer 26

Ernesto Miranda was arrested for kidnapping. When he was arrested, he was not informed that he had a right to remain silent. After several interrogations, he gave them a written confession. Found guilty of kidnapping.

Question 27

What was the question asked during Miranda v. Arizona ?

Answer 27

Did not informing him of his rights violate the 5th Amendment?

Question 28

What was the ruling of Miranda v. Arizona?

Answer 28

Ruled that there was a violation of the 5th Amendment.

They SHOULD have told him that he had the right to remain silent.

Question 29

What was established as a result of Miranda v. Arizona

Answer 29

Established the Miranda Warnings/ Rights

Question 30

Under Miranda v. Arizona, What can occur if an officer does not tell you your miranda rights?

Answer 30

if you are NOT informed of your rights your charges can be dropped

Question 31

What court cases reviewed miranda v. arizona?

Answer 31

Vega v. Tekoh

Question 32

What did the supreme court rule in Vega v. Tekoh?

Answer 32

The supreme court ruled two things when it came to the Miranda rights.
(1) police officers will not be held civilly libel if they forget to tell someone their Miranda warnings.
(2) charges will not be automatically dropped if someone is not informed of their Miranda Rights.

(1) you cannot sue officers if they do not tell you your miranda rights. (2) charges WILL NOT be dropped if you are not read your miranda rights

Question 33

What was the majority opinion of Vega v. Tekoh?

Answer 33

stated that everyone should know there miranda rights

Question 34

due process =

Answer 34

fairness in the court system

Question 35

What is Eminent Domain?

Answer 35

where the govt. can take private property from citizens for public use

Question 36

What are 3 reasons why the govt. can take your property (eminent domain)?

Answer 36

1. for transportation corridors (highways, railroads)
2. Utilities (power plants, electricity)
3. Economic Development (anything they will help the economy, such as businesses)

Question 37

What is an example of eminent domain?

Answer 37

Jerry Jones from the Dallas cowboys asked the government if they could get land so he could build a stadium

Question 38

What is the 5th amendment, takings clause?

Answer 38

stated that when the govt. exercises eminent domain, they MUST provide citizens with “JUST COMPENSATION” = pay you for your property

Question 39

How is compensation determined during eminent domain?

Answer 39

the govt. decides how much money to give you for your property

Question 40

What was the question asked during Kelo v. City of New London.

Answer 40

Did the city of New London violate the 5th amendment takings clause?

Question 41

What was the ruling of Kelo v. New London?

Answer 41

Ruled that NO, the city did not violate the 5th amendment takings clause.

Question 42

what was the justification of Kelo v. New London?

Answer 42

the supreme court stated that eminent domain could be used to take land from one private landowner and give it to another for the sake of economic development.

Question 43

What was the significance of the Supreme Court case Kelo v New London?

Answer 43

It gave the government more power in invoking eminent domain.