5th Amendment
What does this part of the 5th Amendment mean?
"...nor shall be compelled in any criminal case to be a witness against himself..."
You have a right to remain silent. You can't be a witness against yourself.
The rights law enforcement reads to the accused at the time of arrest.
Miranda Rights.
Self-Defense
The accused did not know the risks of the prescribed medication at the time of the crime.
Intoxication defense.
"Beyond a reasonable doubt"
What does this part of the 5th amendment mean?
"...nor be deprived of life, liberty, or property, without due process of law..."
Guarantees the right to the due process of law. Meaning anyone accused of a crime is legally entitled to all the protections promised by the Constitution & the Bill of Rights.
Miranda v. Arizona established this requirement of law enforcement.
Law enforcement must inform the accused of their rights at the time of arrest.
Not knowing the law isn't an excuse for committing a crime.
Ignorance of the law.
The accused made a mistake resulting in a crime. Prosecution must prove intent to discredit this defense.
Mistake of fact.
When a lawyer from the other side questions a witness.
cross-examine.
What does this part of the 5th amendment mean?
"...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."
No Double Jeopardy (can’t be tried for the same exact crime twice)
The Supreme Court Case of Gideon v. Wainwright was about which constitutional right?
The right to a lawyer.
Entrapment.
The act was not wrong, it was justified under the circumstances.
Justification defenses.
Proof of one's whereabouts at the time of an accused crime.
An alibi.
What does this part of the 5th amendment mean?
"...nor shall private property be taken for public use, without just compensation...."
Private property cannot be taken for public use without proper compensation.
The government can't take private land for public use without paying the owner.
This is called "Eminent Domain".
The Supreme Court ruling in Gideon v. Wainwright established this for all criminal defendants.
An attorney will be appointed if one cannot be afforded by the defendant.
By committing a crime, a person prevented a greater evil from happening.
Necessity Defense.
Although the act was wrong, the defendant had a good excuse.
Excuse defenses.
The exclusionary rule was established in this landmark Supreme Court case.
*Hint* Think of the 4th amendment...
**Hint hint** evidence obtained illegally cannot be used in a trial.
Mapp v. Ohio
What does this part of the 5th amendment mean?
"...No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..."
No one will be tried for a felony crime without an indictment by a Grand Jury.
*Federal felonies only.
The Supreme Court decision in Gideon v. Wainwright combined constitutional rights from which two amendments?
Forced to commit a crime due to threat of immediate harm or threat to life.
Duress defense.
This defense bars the prosecution of criminal defendants if legal action starts too long after the commission of the crime.
Statute of Limitations defense.
These three Supreme Court cases all shaped the debated over...
R.A.V. v. City of St. Paul (1992)
Virginia v. Black (2003)
Wisconsin v. Mitchell (1993)
The freedom of speech v. laws against hate speech.