amendment 5

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amendment 5
2011-11-13 23:22:26

american govenerment class
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  1. grand jury
    a large jury, normally of twenty three citizens, that determines if there is enough evidence to charge a defendent with a crime.

    note: citizens have the right to a grand jury, (ask if people can as for a grand jury). The word is from the frend word for large. Done in secret and only the prosecutor presents evidence
  2. Petit Jury
    A trial jury of six to twelve citizens, that decide the facts in a civil or criminial case

    • Note: from the french word "small".
    • This jury determines a persons guilt
  3. Indictment
    Formal criminal charge issued by a grand jury when a prosecutor has evidence for a trail

    Note: if the grand jury has enough evidence it will issue a "true bill" not enough evidence of a crime "no true bill". The grand jury has the power to returna "presentment" a charge of a crime without the prosecutor.
  4. Information
    A sworn statement by a prosecutor that he has enough evidence for a trial

    Note: Used instead of a g.j. by the prosecutor. Both defendent and prosecutor present their cases before a judge.
  5. Double Jeopardy
    Cannot be tried twice for the same offense once acquitted.

    Note: Began in Greek and Roman law. Refers to an early American practice of cutting off ears or damaging limbs. Dome clauses that meets criteria for trying someone more than once. Pg. 166
  6. Self Incrimination
    Compelling or making someone to testify against himself or is called taking the fifth.

    Note: Was used during the senator Joseph McCarthy communism hearings
  7. Inquisitions
    Questioning accused persons under oath to determine their guilt

    Note: Because of inquisitions in England people especially in the U.S. started pleading the fifth
  8. Accusations
    Forcing the government to prove its case through evidence

    Note: Coerced confessions are also a violation of the 5th amendment
  9. Volunteeriness
    Confessions must truly be volunteered

    Note: Miranda vs. Arizona (1966) a defendent must know their rights in order to waive them. The FBI already did this so state and local police had to do the same, see page 168
  10. Fruit of the poisonuos tree
    Any evidence that the police discover prior to the police reading the Miranda statement is excluded as evidence.

    Note: Miranda protects the defendent against coercion not deception, Illinois vs. Perkins (1990).
  11. Immunity
    The government grants immunity from prosescution, but the person must testify if requested.

    Note: 2 types of immunity: "total"-a person cannot be prosecuted at all or "use"-immunity, in which the government may prosecute the witness based on evidence discovered independently of the testimony
  12. Read Ernesto Miranda case on page 169
    Miranda was the reason the reading of the Miranda Rights when people get arrested, pg 168
  13. Nontestimonial evidence
    defendant might have to produce blood samples, fingerprints, or handwriting exemplars, but the government cannot force a person to take a lie detector
  14. Due process of law
    5th amendment; restricts what governemnt can do, 14th amendment restricts what states can do.

    It has roots come from the Magna Carta of 1215, which limited King John's power of his nobles.
  15. what are the 2 categories of "due process of law"
    substantive- the Supreme Court determines the content of a law to determine whether it violates fundamental rights not specifically mentioned in the constitution.

    Procedural-the government must follow fair procedures in both criminal and civil cases, in order to safegaurd the individual against the power of the state.
  16. the goverments power to take private property for public use.
    eminent domain.

    also called the Just Compensation Clause. The very first Supreme Court case based on the Bill of Rights, Barron vs. Baltimore (1833).

    Most of the highways, damns, railroads was built through eminent domain. Under the 5th amendment "taking" property must be for public use.