Self-Incrimination
What does it mean to “plead the Fifth”?
To refuse to answer questions that could incriminate your
What is “double jeopardy”?
Being tried twice for the same crime.
What does “due process” mean?
The government must follow fair legal procedures before taking away life, liberty, or property.
What is eminent domain?
The government’s power to take private property for public use, with fair compensation.
Which Supreme Court case requires police to inform suspects of their rights before questioning?
Miranda v. Arizona (1966)
If you are forced to confess under threat, can that confession be used in court?
No — coerced confessions violate the 5th Amendment.
True or False: You can be tried for the same crime in both state and federal court.
True — separate sovereigns (state vs. federal) can both try the same act.
True or False: Due process only applies in criminal cases.
False — it also applies in civil and administrative actions.
What does the 5th Amendment require when the government takes private land?
Just (fair) compensation must be paid to the owner.
Which case established the “same elements” test for double jeopardy?
Blockburger v. United States
You are a witness in a friend’s trial. You didn’t commit the crime, but your testimony might make you look guilty of something else. Can you invoke the 5th?
Yes — the 5th protects anyone who might incriminate themselves, even if innocent of the main crime.
A defendant is found “not guilty” of robbery. New evidence appears later. Can the state retry them?
No — double jeopardy prevents another trial after acquittal.
What must happen before someone’s property is taken or they’re imprisoned under due process?
They must receive notice and have an opportunity to be heard (a fair trial or hearing).
The city wants to build a new highway and buys private homes along the route. Is that allowed under the 5th Amendment?
Yes — as long as owners receive fair payment and it serves public use.
Which case extended due process rights to the states through incorporation?
Mapp v. Ohio (1961) or Gitlow v. New York (1925) (accept either)
True or False: The right against self-incrimination only applies in criminal cases.
False — it can apply in civil cases if testimony could lead to criminal charges.
If someone is tried for robbery and then charged later for assault during the same robbery, does that violate double jeopardy?
Not if the two crimes have different legal elements (the Blockburger test).
Which clause of the 14th Amendment mirrors the 5th Amendment’s due process protection?
The Due Process Clause of the 14th Amendment.
True or False: The government can take your property without paying if it’s for a school or park.
False — compensation is always required.
In which case did the Supreme Court rule that private property could be taken and given to private developers as part of an urban renewal/ redevelopment government project?
In Berman v. Parker (1954) = An urban renewal or redevelopment project it aimed at eliminating blighted areas and improving community welfare.
Imagine a suspect voluntarily answers police questions but later claims their statements were coerced. What factors would a court consider to decide if their 5th Amendment rights were violated?
The court would consider whether the confession was voluntary, if Miranda rights were read, the suspect’s understanding of their rights, and any police coercion (threats, promises, or pressure).
A person is found not guilty in criminal court but later sued in civil court for the same incident. Does this violate double jeopardy? Explain.
No — double jeopardy only applies to criminal cases, not civil lawsuits (e.g., O.J. Simpson criminal vs. civil trials).
Imagine a school suspends a student for two weeks without explaining why or allowing them to speak in their defense. Analyze whether this violates due process and why.
Yes — it violates procedural due process because the student wasn’t given notice or a chance to be heard before losing a protected interest (education).
A town wants to take an old neighborhood to build new apartments that might raise tax revenue. Evaluate whether this fits the meaning of “public use” and explain your reasoning.
It’s debatable — “public use” traditionally means something used by the public (like roads), but some argue that community economic benefit counts. Its all about fairness and government limits.
Imagine the government wants to take farmland to build a private tech company’s new campus that promises jobs. Using what case can this be done and explain why it’s controversial.
Under Kelo v. New London, yes — economic development was ruled a valid “public use.” However, it’s controversial because it benefits private corporations rather than the general public.