Court Cases
Miranda V Arizona
Ernesto Miranda was found guilty of kidnapping and rape. He was not told of his rights before being questioned and signing a confession. Does this violate the 5th amendment?
Yes, you are required to be told your rights before questioning so you can make the right and intelligent decisions.
What does double jeopardy mean?
It means being tried twice for the same crime.
What does it mean to plead the 5th?
It means that you don't have to testify against yourself.
Can the government take your property for no reason?
No, there must be reason and just compensation
If you are the defendant and you decide to testify and you go onto the stand, have you officially waived your 5th amendment right?
yes, once you are on the stand, you waive your right.
Heath v Alabama
Larry Gene Heath hired two men to kill his wife. she was kidnapped in her home in Alabama and the men killed her and left her in Georgia. Heath was arrested in Georgia and tried in both states. Does this violate the 5th amendment?
No, if a crime breaks the law of two states, then that person can be tried in both states.
If you rob a house, serve your time, and then rob another house, is this double jeopardy?
No, these are the same crimes, but on 2 separate occasions
When can you actually plead the 5th?
In any situation where you could incriminate yourself.
When can the government pay you for your property?
When the property is going to be used for public use(Ex: public parks/ roads)
If you believe that something could incriminate you, then yes, but note that the jury can take this into account and use it against you.
Innis v Rhode Island
Thomas J. Innis was arrested for a bank robbery. he was told his rights and requested to speak to a lawyer. on the way to the station however, he overheard the officers talking and told them to turn the car around so he could show them the location of the gun involved in the robbery. Did this violate his miranda rights?
No, there was no real interrogation involved. In order for the rights to be violated, the police must be trying to get a incriminating response out of the person in question.
If you are tried for murder and found not guilty, but the prosecution isn't happy with the outcome, can they try you again?
No, this would be double jeopardy.
Can you pick and choose when to plead the 5th?
No, you cannot, for example, if you answer some questions and then plead the 5th in the middle of your questioning, it will mean nothing.
How much must the government pay you for your land?
They must pay you a just compensation, meaning that you will probably get what your land is worth.
Does the 5th amendment extend to physical evidence like a DNA or blood test.
Waller v Florida
Joseph Waller stole a painting from his town hall. He was convicted for ordinance violations in the municipal court and then the state of Florida charged him with grand larceny. He argued that this put him in double jeopardy. Is this true, or are these allegations too different?
This is double jeopardy. It was found that the basis of both charges were the same and therefore was double jeopardy.
If you rob a house and go to court only to be found not guilty, but then years later confess to the crime, can you be tried and put in jail?
No, this would be considered being tried twice as it is the same crime.
are jurors allowed to take your pleading of the 5th as an admission of guilt.
No, you have the right to not incriminate yourself and jurors can't take your pleading of the 5th into consideration.
Can the government take property without paying you?
No, If you are a law abiding citizen and pay taxes, they must pay you for the land.
Can your lawyer or the judge make you testify in court.
No, you have the right to not incriminate yourself.
Palko v Connecticut
Frank Palko was charged with first degree murder. At his trial however, he was convicted of second degree murder. The state of connecticut appealed the trial and he was then found guilty of first degree murder and sentenced to death. Does this violate the 5th amendment?
No, the court appealed because they thought the verdict was wrong. This is not double jeopardy.
Can two seperate states try someone for the same crime?
Yes, if a crime violates the law of multiple states, then you can be tried multiple times.
If you are a witness in a trial and not the one on trial, do you then have the option of choosing when to plead the 5th?
yes, The witness or any other person not on trial can choose when to plead the 5th, even if it is in the middle of a line of questioning.
What is the legal name for the government taking your land?
Eminent domain
what does "life or limb" literally mean?
it means a criminal punishment involving the loss of life or a limb.