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Amendments in ACTION: The Fifth Amendment

Amendments in ACTION: The Fifth Amendment. Miranda rights and other procedures to ensure fairness. The 5 th Amendment . TEXT: “No person…shall be compelled in any criminal case to be a witness against himself.” Protects against _______________: . Miranda RIGHTS.

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Amendments in ACTION: The Fifth Amendment

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  1. Amendments in ACTION:The Fifth Amendment Miranda rights and other procedures to ensure fairness

  2. The 5th Amendment TEXT: “No person…shall be compelled in any criminal case to be a witness against himself.” Protects against _______________:

  3. Miranda RIGHTS • Right to remain silent- 5th Amt • Right to a lawyer- 6th AmtEscobedo v Illinois linked 5th and 6th- right to consul and right against self-inc are interrelated • If you can’t afford an attorney, one will be provided- Gideon v. Wainwright

  4. WHEN DO MIRANDA RIGHTS APPLY? When the following standard is met: CUSTODIAL POLICE INTERROGATION

  5. CUSTODY: • Arrest • Deprived of freedoms of action • Would not feel free to leave the place of questioning • NOT a Stop and Frisk • NOT If you voluntarily go to the police station-- not custody

  6. “So long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual and will not trigger Fourth Amendment protections unless it loses its consensual nature.”

  7. INTERROGATION: Direction questioning OR Interaction that is reasonably expected to get a response

  8. after MIRANDA, What is next? • INVOKE: • Stay silent and/or get a lawyer • WAIVE: • Talk to police with or without a lawyer • Can answer some, then decide you want a lawyer. Police must stop. Minnick v. MD • 3:4 waive Miranda

  9. after MIRANDA, What is next? • Interrogation- to determine the truth • To get a confession • Confessions must be free and voluntary to be legal • Brown v MS- physical coercion to obtain confessions violates the 14th Amendment

  10. Other important things to know • Exercising your rights cannot be used against you • Physical evidence the police find can still be used against you, even if they fail to read you your rights • Police can use trickery – they just can’t “overbear personal will”

  11. ACTIVITY Should the confession be allowed? • Was there custody? • Would a reasonable person feel free to leave? • Was there interrogation? • Was there direct questioning or some interaction reasonably expected to get a response? If both are not present, the officer does not need to read the defendant his or her Miranda rights.

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