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5th Amendment

by: Erica Kugler

5th Amendment CJ 100

Erica Kugler
GPA 4.0
Intro to Criminal Justice
Douglas Klutz

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About this Document

Notes over the 5th amendment (mainly grand juries and Miranda rights)
Intro to Criminal Justice
Douglas Klutz
Class Notes
25 ?




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This 2 page Class Notes was uploaded by Erica Kugler on Saturday February 7, 2015. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 188 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.

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Date Created: 02/07/15
5th Amendment Grand Jury Indictments 0 Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial 0 Grand jury proceedings occur before an actual trial o If a grand jury feels that there is enough evidence then the case has probable cause and a formal charge indictment can be placed on the defendant I Thus the prosecution has a green light to go to trial o If there is a lack of evidence or the jury doesn t feel like there is probable cause then a quotno bill is issued which means that no charges are filed against the defendant 0 enough evidence and probable cause gt quotindictmentquot issues gt trial 0 lack of evidence or probable cause gt quotno bill gt no trial Grand Jury Proceedings 0 Prosecutor presents evidence against a suspect 0 Grand jury proceedings are advantageous for the prosecution because 0 Proceedings are secretive I Only people allowed in proceeding sessions are the prosecutor and the jury I Exclusionary rule DOES NOT apply to grand jury proceedings I Prosecutor can choose which evidence to present to the jury o Ie Can choose to present evidence that makes hisher case strong while leaving out evidence that favors the defendant Miranda Warnings o Miranda v Arizona 1966 o Protects a person s 5th Amendment right against selfincrimination I Right to remain silent right to an attorney 0 Rights are read AFTER a person has been taken into custody but BEFORE any interrogation o 2 prongs of Miranda 0 Must be in physical custody ie under arrest must be read your rights before you are asked potentially incriminating questions 0 quotPublic safety exception 0 Reading of a person s Miranda rights can be foregone if there is a threat to public safety and the suspect is somehow connected toinvolved with that threat 0 Salinas v Texas o If you are not in police custody and you start answering police questions but then stop and ask for a lawyer the police can use that against you as evidence of admission of guilt 0 Reasons for Miranda 0 Protection against forced confessions I quotcompelled selfincrimination 0 Protection against lengthy interrogations wo legal counsel


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