5th Amendment Basics
What does the 5th Amendment protect you from?
Self-incrimination, double jeopardy, and ensures due process.
What is the right to a speedy trial?
The right to have a trial take place within a reasonable amount of time, ensuring a prompt resolution.
Which case established the "Miranda Rights"?
Miranda v Arizona
What does "due process" mean?
A legal principle ensuring that individuals are treated fairly by the government in all legal matters, including trials.
What does the 2nd Amendment protect?
right to bear arms
What is "double jeopardy"
The protection against being tried twice for the same crime.
What does the 6th Amendment protect?
It protects the right to a speedy and public trial, an impartial jury, and the right to counsel (an attorney), as well as the right to confront witnesses.
What case ruled that a suspect has the right to an attorney even if they cannot afford one?
Gideon v Wainwright
What does "self-incrimination" mean?
The act of being forced to testify against oneself in a criminal case, which is prohibited by the 5th Amendment.
What does the 4th Amendment protect against?
Unreasonable searches and seizures, requiring a warrant based on probable cause.
What is "eminent domain"?
The government's power to take private property for public use, with compensation
What does the right to confront witnesses mean?
The accused has the right to question and challenge the witnesses who testify against them.
Which case involved the right to remain silent?
Miranda v Arizona
What is "affirmative action"?
A policy or practice aimed at increasing opportunities for historically disadvantaged groups, often in employment or education.
What does the 1st Amendment protect? (5 parts)
freedom of speech, press, religion, assembly, and petition.
What is the "due process" clause of the 5th Amendment?
It ensures the government follows fair procedures and treats people equally before the law when depriving them of life, liberty, or property.
What is the "right to counsel"?
The right to have an attorney represent you during criminal proceedings, even if you cannot afford one.
What case made the right to an attorney in criminal cases mandatory?
Gideon v Wainwright
What is "selective incorporation"?
The process by which the Supreme Court applies the protections of the Bill of Rights to the states through the 14th Amendment's Due Process Clause.
What does the 3rd Amendment protect?
It prohibits the government from forcing individuals to house soldiers in their homes during peacetime without consent.
What does the 5th Amendment say about self-incrimination?
It protects individuals from being forced to testify against themselves in a criminal case.
What is the "right to a fair trial"?
The right to be tried by an impartial jury, informed of the charges, and given legal representation in criminal cases.
Which clause of the 14th Amendment is cited in the Brown decision?
Equal Protection Clause
What is the "Equal Protection Clause"?
Part of the 14th Amendment, it requires that no state deny any person within its jurisdiction the equal protection of the laws.
What does the 8th Amendment prohibit?
It prohibits excessive bail, excessive fines, and cruel and unusual punishment.