Fifth Amendment Flashcards
Explain 5th Amendment
Guarantees the right to a grand jury, forbids double jeopardy and protects against self-incrimination
Exception to 5th Amendment
Military Members
Just Compensation
Monetary value of the item seized
Grand Jury
An independent group of people selected to decide the outcome of a jury they are the “buffer between the government and the people”
Due Process
Assurance that all levels of government must operate within the law and provide fair procedures
Double Jeopardy
To be tried twice by the same sovereign, for the same offense
Self-Incrimination
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”
What type of rights advice would you give to civilian/military
Miranda Rights= Civilians
Article 31b= Military
What is needed for Miranda Rights
Custody + Interrogation= Rights Advice
What is needed for Article 31b
Custody + Suspicion of Crime= Article 31b
Exceptions for Rights Advice
Spontaneous Confession
Public Safety
Officer Safety (SHARPS Question)
Routine Booking Questions (name, DOB, address)