The right to due process of law.
5th amendment
When and why was the 5th Amendment created?
1791 as part of the Bill of Rights.
The test for waiver of rights.
What is voluntary and knowing. The burden is on the state.
What does the 5th Amendment not protect?
An individual's voluntarily prepared business papers
How does the 5th Amendment protect the innocent?
The Fifth Amendment provides that “no person shall be compelled in any criminal case to be a witness against himself.”
True/False The Bill of the rights are like Jury
False
What is this Bill of rights about?
To ensure that any body charged with an infamous crime shall recieve the right amount of justice.
What happens when due process is violated?
individuals could be detained and deprived of their freedom and life without cause.
What are 3 things about the 5th Amendment?
What does the Bill of rights state
Criminals may enjoy the right to a small jury trial.
When was the 5th Amendment written into the U.S. Constitution?
December 15, 1791
What is the definition of Due Process?
fair treatment through the normal judicial system, especially as a citizen's entitlement.
What would happen if we didn't have the Fifth Amendment?
Without the Fifth Amendment, police could use coercive tactics to extract confessions and keep you detained until you confess.
What are the Miranda Warnings?
You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to an attorney.
Why was this Bill of rights written?
to assure that all criminals reciver justice at the right degree.
How do we use Due Process today?
Courts have taken an assertive approach to upholding due process, which has resulted in the executive and legislative branches of government adjusting how laws and statutes are written.
Can you get arrested twice for the same crime?
No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . .
What needs to happen for a suspension of ten days or less?
The school must inform students of the accusations and provide a brief informal hearing to present their side.
To what point are you held for a Capitol Crime?
To commit an Infamous crime that is Unjust
What is an example of due process today?