key amendments tested Flashcards
what does the 4th amendment protected
prohibition against UNREASONABLE searches and seizures
what does the 5th amendment protect
1) privilege against compulsory self-incrimination (plead the 5th)
2) prohibition against double jeopardy
what does the 6th amendment protect
1) right to speedy trial;
2) right to trial by jury
3) right to confront witnesses;
4) right to ASSISTANCE of counsel
what dose the 8th amendment protect
prohibition against cruel and unusual punishment
1) the death penalty;
2) prisoner rights
categories
1) Search and seizure (4th amend)
- reasonable expectation of privacy. (standing)
2) Confessions/ Miranda (5th amendment)
- not offensive specific
3) Right to counsel/ Mesa (6th amendment)
when does miranda apply
1) custodial
2) interrogation
what is custodial
reasonable person would not feel free to leave
what is interrogation
police know or should have known illicit an incriminating response from D
is 5th amendment offense specific
NO
1) If request attorney: ALL QUESTIONING MUST CEASE until the accused is provided with an attorney or initiates further
2) if remained silent: Police cannot badger the accused. However, the if police scrupulously honor the request, they can rewarn the accused and later resume questioning TO A DIFFERENT CRIME
what happens under miranda when person makes explicit request to talk to attorney
ALL QUESTIONING MUST CEASE until the accused is provided with an attorney or initiates further questioning them self.
how to waive miranda
1) knowingly
2) intelligently waive them
under 4th amendment may a party challenge an illegal search by another person
NO, need reasonable expectation of privacy in them self.
can prosecutor use silence of miranda against a D at trial
No, cannot use silence against D at trial
if miranda offensive specific
NO. If state want to talk to attorney ALL QUESTIONING MUST CEASE until the accused is provided with an attorney or initiates further questioning himself
- Before charged
when is 6th amendment come in
when adversarial proceeding has begun.
- ex: formal charged, indictment
does an arraigned constitute adversarial proceeding
yes
is 6th amendment offense specific
YES. - need attorney for all stuff related to that crime x/c 1) knowingly and 2) voluntary waiver
rule for 4th amendment search and seizure and effect of civil proceedings
D’s guilty plea neither admits legality of search nor waives under 4th amendment claims under subsequent civil damages or claim of illegal search
double jeopardy (more serious crime)
prohibits retrying D whose conviction reversed on appeal for any offense MORE SERIOUS that which convicted at 1st trial
- violated for retrial on more serious offense, even if only convicted at 1st trial
double jeopardy (blockburger test same offense)
2 crimes DO NOT constitute same offense if EACH CRIME requires proof OF AN ADDITIONAL ELEMENT, tha other crime does not require
ex of double jeopardy same offense
elements of crimes
1) a, b, c
2) a,b,c, d
- same offense
ex of not same offense for double jeopardy
elements of crimes
1) a, b, x
2) a, b, c
- different elements
what if D makes silent unambiguous in miranda for 5th amendment
Police cannot badger the accused. However, the if police scrupulously honor the request, they can rewarn the accused and later resume questioning TO A DIFFERENT CRIME
