100 points =Vocab
A group of 6 to 12 citizens who decide if the accused is guilty of the crime.
Trial Jury
A group of 23 citizens that investigates evidence of a crime and decides if the accused should be prosecuted.
Grand Jury
The government must treat citizens fairly in criminal and civil cases, including reasonably following established rules.
Due Process
Forcing the accused to testify against themself. (Prohibited by the 5th)
Self-Incrimination
Common phrase that describes the right of the accused to not self-incriminate.
Taking the Fifth or Plead the Fifth
Retrying a case in which the accused has been acquitted. (Prohibited by the 5th)
Double Jeopardy
The government's power to take private property for public use, if they provide just compensation.
Eminent Domain
When the government uses eminent domain to take private property for public use, they must provide this to the owner of the property.
Just Compensation
The rules and regulations that carry out the laws, ensuring fair treatment for citizens in criminal and civil cases.
Procedural Due Process
The laws themselves must be fair, not just how those laws are carried out. Can depend more on judge's individual ideas of what is fair.
Substantive Due Process
A prisoner is being threatened by other prisoners because of a rumor that he killed a child. He is befriended by a prisoner who is a paid informant for the FBI. The informant offers to protect the prisoner if the prisoner tells him whether the rumor is true. The Prisoner admits to the murder.
Unconstitutional according to 5th Am. (Arizona v. Fulminante, 1991)
Investigators trying to solve a murder want to know whether a certain shirt belongs to the suspect. They make the suspect try the shirt of despite his objection, and the shirt fits him. This evidence is used in his trial.
Constitutional according to 5th Am. (Holt v. U.S., 1910)
A drug addict is arrested for robbery and murder. After being in police custody for several hours, he begins to have severe withdrawal symptoms. The police call a doctor, who gives the suspect medication. Nobody realizes that one of the medications has the effect of a ”truth serum.” The police continue to question the suspect. Within a short time, the suspect confesses.
Unconstitutional according to 5th Am. (Townsend v. Sain, 1963)
Detectives take a suspect to an interrogation room. The detectives do not tell her what her rights are before they start asking her questions. She confesses to a crime.
Unconstitutional according to 5th Am. (Miranda v. Arizona, 1966)
Three police officers drive a robbery suspect to the police station. The officers have not yet found the gun used in the robbery. On the drive in, one officer mentions to another officer that there is a school for handicapped children nearby. He says it would be terrible if one of the school children finds the gun and hurts themselves. Hearing this, the suspect tells the officers where the gun is.
Constitutional according to 5th Am. (Rhode Island v. Innis, 1980)
Paul is on trial for burglary. He does not take the stand and testify in his own defense. The jury returns a verdict of "not guilty." Paul leans back in his chair and loudly announces, "My attorney is awesome! I was totally guilty." Paul is immediately re-arrested and told he will be put on trial again for his confession.
Unconstitutional according to 5th Am. (Double Jeopardy)
Monica is on trial for murder. However the jury tells the judge that they were unable to reach a verdict. When the judge announces that they will set a date for a new trial, Monica argues that she has already been tried once and that it is illegal to try her multiple times for the same crime.
Constitutional according to 5th Am. (Exception to Double Jeopardy)