cl Part 4

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  1. Burden of Proof
    It is the state’s job to prove you guilty not yours
  2. Amendment 5
    • No person should be held to answer w/ a grand jury; or try you for the same offense twice
    • Nor be completed to be a witness against themselves
  3. A 5; Rule 1
    • Gov cant force you to get on stand and be a witness (it’s your choice)
    • *** Burden of proof on state
    • Why have right to remain silent (witnesses can take the 5th)
  4. A5; Rule 2
    • Person cannot be compelled to answer
    • Miranda vs Arizona
  5. For Miranda rights to apply you need…
    • Custody + interrogation  bc people most likely talk if know rights
    • • In order to talk without theses police need to get rid of one of these (don’t have to read Miranda rights)- the easiest is custody – talk to person before under arrest
  6. Custody
    • Suspect does not feel free to leave
    • Handcuffed; read and waved rights
  7. Interrogation
    Asked questions designed to incriminate you
  8. Miranda vs Arizona
    • They have to read your rights so they know that a person is not compelled to talk
    • • You have right to remain silent…
    • • So if they talk then it is voluntary
    • Prevent the police from putting you in an inherently intimidating environment

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cl Part 4
2013-10-30 20:20:58

Part 4
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