cl Part 4

Card Set Information

Author:
pugsrule915
ID:
243990
Filename:
cl Part 4
Updated:
2013-10-30 16:20:58
Tags:
part
Folders:

Description:
Part 4
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user pugsrule915 on FreezingBlue Flashcards. What would you like to do?


  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

What would you like to do?

Home > Flashcards > Print Preview