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Rights of the Accused:
Understanding the 5th Amendment
What rights does the
5 th Amendment guarantee us?
What rights does the
5 th Amendment guarantee us?

    1. right to a grand jury
What rights does the
5 th Amendment guarantee us?

    1. right to a grand jury
    2. no double jeopardy
What rights does the
5 th Amendment guarantee us?

    1. right to a grand jury
    2. no double jeopardy
    3. no self-incrimination
What rights does the
5 th Amendment guarantee us?

    1. right to a grand jury
    2. no double jeopardy
    3. no self-incrimination
    4. right to due process
What rights does the
5 th Amendment guarantee us?

    1. right to a grand jury
    2. no double jeopardy
    3. no self-incrimination
    4. right to due process
    5. eminent domain
1   grand jury



a special type of jury that
investigates whether criminal
charges should be brought
1     grand jury
    Only applies to the federal
    government.
    About 50% of the states have
    grand juries.
2   double jeopardy


you cannot
be tried for
the same
crime twice
2     double jeopardy
    The government has more
    resources (time and money), so
    retrying cases would not be fair.
2     double jeopardy
    If a mistrial is declared, the
    accused can be tried again.
2   double jeopardy
         A mistrial was
         declared in the Phil
         Spector murder case,
         because only 10 of
         the 12 jurors wanted
         to convict.
3   self-incrimination
                  means a
                defendant
                cannot be
                 forced to
                    testify
                   against
                  himself.
3   self-incrimination
        Ernesto Miranda
confessed to raping a 18
      year old girl after 2
         hours of police
    questioning, but the
police never told him he
       had the right to a
                   lawyer.
3     self-incrimination
    The one exception to the Miranda
    rule is if public safety is
    jeopardized.
                Police can ask where
    the gun is when making an arrest
    in a public place.
3     self-incrimination
    The government        require you
    to provide “non-verbal” testimony.
               fingerprints,
    handwriting samples, fingernail
    clippings, sobriety tests, police
    line-ups, etc.
4    due process



      means the government
    must be fair in all of its actions
4   due process
When the police
set up roadblocks,
they’re supposed
to create a
randomized rule
(example: every fourth car) and not
stop anyone based on race or gender.
4   due process
           The government
           usually cannot
           take away a
           benefit (like
           welfare) without a
           notice or a
           hearing.
4     due process
    Before a student gets suspended,
    they have a right to know the
    accusations.
    Students are not entitled to a
    lawyer or to call witnesses.
5   eminent domain
           means the right
            of the gov’t to
               take private
              property for
                 public use
5     eminent domain
    The government has to prove (to
    a judge) it has a very good reason
    to take your property.
    It must pay you a fair amount for
    whatever it takes.
5   eminent domain
Mayor Isaacs tried to
use eminent domain
 to re-sell Lexington
  Mall, because the
     abandoned
   buildings are an
 eyesore and attract
        crime.

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Rights of the Accused: The 5th Amendment

  • 1. Rights of the Accused: Understanding the 5th Amendment
  • 2. What rights does the 5 th Amendment guarantee us?
  • 3. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury
  • 4. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy
  • 5. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy 3. no self-incrimination
  • 6. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy 3. no self-incrimination 4. right to due process
  • 7. What rights does the 5 th Amendment guarantee us? 1. right to a grand jury 2. no double jeopardy 3. no self-incrimination 4. right to due process 5. eminent domain
  • 8. 1 grand jury a special type of jury that investigates whether criminal charges should be brought
  • 9. 1 grand jury Only applies to the federal government. About 50% of the states have grand juries.
  • 10. 2 double jeopardy you cannot be tried for the same crime twice
  • 11. 2 double jeopardy The government has more resources (time and money), so retrying cases would not be fair.
  • 12. 2 double jeopardy If a mistrial is declared, the accused can be tried again.
  • 13. 2 double jeopardy A mistrial was declared in the Phil Spector murder case, because only 10 of the 12 jurors wanted to convict.
  • 14. 3 self-incrimination means a defendant cannot be forced to testify against himself.
  • 15. 3 self-incrimination Ernesto Miranda confessed to raping a 18 year old girl after 2 hours of police questioning, but the police never told him he had the right to a lawyer.
  • 16. 3 self-incrimination The one exception to the Miranda rule is if public safety is jeopardized. Police can ask where the gun is when making an arrest in a public place.
  • 17. 3 self-incrimination The government require you to provide “non-verbal” testimony. fingerprints, handwriting samples, fingernail clippings, sobriety tests, police line-ups, etc.
  • 18. 4 due process means the government must be fair in all of its actions
  • 19. 4 due process When the police set up roadblocks, they’re supposed to create a randomized rule (example: every fourth car) and not stop anyone based on race or gender.
  • 20. 4 due process The government usually cannot take away a benefit (like welfare) without a notice or a hearing.
  • 21. 4 due process Before a student gets suspended, they have a right to know the accusations. Students are not entitled to a lawyer or to call witnesses.
  • 22. 5 eminent domain means the right of the gov’t to take private property for public use
  • 23. 5 eminent domain The government has to prove (to a judge) it has a very good reason to take your property. It must pay you a fair amount for whatever it takes.
  • 24. 5 eminent domain Mayor Isaacs tried to use eminent domain to re-sell Lexington Mall, because the abandoned buildings are an eyesore and attract crime.