Fifth Amendment Flashcards

1
Q

Explain 5th Amendment

A

Guarantees the right to a grand jury, forbids double jeopardy and protects against self-incrimination

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2
Q

Exception to 5th Amendment

A

Military Members

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3
Q

Just Compensation

A

Monetary value of the item seized

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4
Q

Grand Jury

A

An independent group of people selected to decide the outcome of a jury they are the “buffer between the government and the people”

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5
Q

Due Process

A

Assurance that all levels of government must operate within the law and provide fair procedures

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6
Q

Double Jeopardy

A

To be tried twice by the same sovereign, for the same offense

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7
Q

Self-Incrimination

A

Personally coming forth with the crime committed
You do not have to speak if you think what you will say will admit you or a crime or be “self-incriminating”

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8
Q

What type of rights advice would you give to civilian/military

A

Miranda Rights= Civilians
Article 31b= Military

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9
Q

What is needed for Miranda Rights

A

Custody + Interrogation= Rights Advice

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10
Q

What is needed for Article 31b

A

Custody + Suspicion of Crime= Article 31b

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11
Q

Exceptions for Rights Advice

A

Spontaneous Confession
Public Safety
Officer Safety (SHARPS Question)
Routine Booking Questions (name, DOB, address)

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