5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury…
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If they find enough evidence for a trial – indicted (formally charged)
Used for crime that could be punished by imprisonment for over one year
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
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Can’t be retried after a verdict of either guilty or not guilty
One and only attempt to convict
Mistrials and hung juries are exceptions
Prevent unfair harassment
nor shall be compelled in any criminal case to be a witness against himself,
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Applies to testimonial evidence
- Doesn’t apply to physical evidence (fingerprints, blood, semen, urine, hair, handwriting, police
lineups)
Miranda Rights (In custody and interrogation)
You have the right to remain silent when questioned.
Anything you say or do may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during
questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.
If you decide to answer any questions now, without an attorney present, you will still have the right to stop
answering at any time until you talk to an attorney.
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions
without an attorney present?
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Once this is invoked, interrogation must stop immediately
Confessions must be voluntary
- Coerced  automatic reversal of a conviction
- Not allowed if there was psychological pressure, trickery, rapid hostile questioning, hours in
questioning, torture
May be invoked by a person called to testify on the witness stand (Doesn’t apply to Grand Jury
proceedings)
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Must say you are using this privilege (“I plead the fifth”) [remain silent  contempt]
Can’t use it if the witness is granted immunity (not being prosecuted in exchange for testimony)
INDIVIDUALS ONLY - Businesses, partnerships, and corporations cannot refuse to testify
- Can only claim for yourself
- Spousal exception (privilege)
nor be deprived of life, liberty, or property, without due process of law;
Government can’t take your LIFE, LIBERTY, or PROPERTY without going through fair procedures
 Defined as proper process or procedure
 Have a chance to give your side of the story
nor shall private property be taken for public use, without just compensation.
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Will pay “fair value” compensation (NOT WHAT YOU MAY HAVE PAID FOR THE HOUSE)
Government can take even if you don’t want to sell
Public “Good” [Library, school, road] vs. Private “Good’ [Tax Revenue to the community ex:
Mercedes Benz dealership instead of a small family-owned dinner]
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice put in jeopardy of life or
limb;
nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just compensation.
Match the below statements with the Clause above it
would fall under
A. Applies to testimonial evidence
M. Not allowed if there was psychological pressure,
trickery, rapid hostile questioning, hours in questioning,
torture
B. Miranda Rights (In custody and interrogation)
N. Businesses, partnerships, and corporations cannot
refuse to testify
C. Doesn’t apply to physical evidence (fingerprints,
blood, semen, urine, hair, handwriting, police lineups)
O. If they find enough evidence for a trial – indicted
(formally charged)
D. Can’t be retried after a verdict of either guilty or not
guilty
P. Mistrials and hung juries are exceptions
E. Confessions must be voluntary
F. Once this is invoked, interrogation must stop
immediately
G. May be invoked by a person called to testify on the
witness stand
H. Must say you are using this privilege (“I plead the
fifth”) [remain silent  contempt]
I. Coerced  automatic reversal of a conviction
J. Doesn’t apply to Grand Jury proceedings
K. If the witness is granted immunity (not being
prosecuted in exchange for testimony)
L. One and only attempt to convict
Q. Prevent unfair harassment
R. Used for crime that could be punished by
imprisonment for over one year
S. Will pay “fair value” compensation
T. Government can take even if you don’t want to sell
U. Public vs. Private
V. Can only claim for yourself
W. Spousal exception
X. Government can’t take without going through fair
procedures
Y. Have a chance to give your side of the story
Z. Defined as proper process or procedure
No person shall be held to answer
for a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury…
nor shall any person be subject for
the same offence to be twice put in
jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness against
himself,
nor be deprived of life, liberty, or
property, without due process of
law;
nor shall private property be taken
for public use, without just
compensation.
A. Applies to testimonial evidence
B. Miranda Rights (in custody and interrogation)
C. Doesn’t apply to physical evidence (fingerprints,
blood, semen, urine, hair, handwriting, police lineups)
D. Can’t be retried after a verdict of either guilty or not
guilty
E. Confessions must be voluntary
F. Once this is invoked, interrogation must stop
immediately
G. May be invoked by a person called to testify on the
witness stand
H. Must say you are using this privilege (I plead the
fifth) [remain silent  contempt]
I. Coerced  automatic reversal of a conviction
J. Doesn’t apply to Grand Jury proceedings
K. If the witness is granted immunity (not being
prosecuted in exchange for testimony)
L. One and only attempt to convict
M. Not allowed if there was psychological pressure,
trickery, rapid hostile questioning, hours in
questioning, torture
N. Businesses, partnerships, and corporations cannot
refuse to testify
O. If they find enough evidence for a trial – indicted
(formally charged)
P. Mistrials and hung juries are exceptions
Q. Prevent unfair harassment
R. Used for crime that could be punished by
imprisonment for over one year
S. Will pay “fair value” compensation
T. Government can take even if you don’t want to sell
U. Public good vs. Private “good”
V. Can only claim for yourself
W. Spousal exception
X. Government can’t take without going through fair
procedures
Y. Have a chance to give your side of the story
Z. Defined as proper process or procedure