1. Rights of the Accused:
Understanding the 5th Amendment

2. What rights does the
5 th Amendment guarantee us?

3. What rights does the
5 th Amendment guarantee us?
1. right to a grand jury

4. What rights does the
5 th Amendment guarantee us?
1. right to a grand jury
2. no double jeopardy

5. What rights does the
5 th Amendment guarantee us?
1. right to a grand jury
2. no double jeopardy
3. no self-incrimination

6. What rights does the
5 th Amendment guarantee us?
1. right to a grand jury
2. no double jeopardy
3. no self-incrimination
4. right to due process

7. What rights does the
5 th Amendment guarantee us?
1. right to a grand jury
2. no double jeopardy
3. no self-incrimination
4. right to due process
5. eminent domain

8. 1 grand jury
a special type of jury that
investigates whether criminal
charges should be brought

9. 1 grand jury
Only applies to the federal
government.
About 50% of the states have
grand juries.

10. 2 double jeopardy
you cannot
be tried for
the same
crime twice

11. 2 double jeopardy
The government has more
resources (time and money), so
retrying cases would not be fair.

12. 2 double jeopardy
If a mistrial is declared, the
accused can be tried again.

13. 2 double jeopardy
A mistrial was
declared in the Phil
Spector murder case,
because only 10 of
the 12 jurors wanted
to convict.

14. 3 self-incrimination
means a
defendant
cannot be
forced to
testify
against
himself.

15. 3 self-incrimination
Ernesto Miranda
confessed to raping a 18
year old girl after 2
hours of police
questioning, but the
police never told him he
had the right to a
lawyer.

16. 3 self-incrimination
The one exception to the Miranda
rule is if public safety is
jeopardized.
Police can ask where
the gun is when making an arrest
in a public place.

17. 3 self-incrimination
The government require you
to provide “non-verbal” testimony.
fingerprints,
handwriting samples, fingernail
clippings, sobriety tests, police
line-ups, etc.

18. 4 due process
means the government
must be fair in all of its actions

19. 4 due process
When the police
set up roadblocks,
they’re supposed
to create a
randomized rule
(example: every fourth car) and not
stop anyone based on race or gender.

20. 4 due process
The government
usually cannot
take away a
benefit (like
welfare) without a
notice or a
hearing.

21. 4 due process
Before a student gets suspended,
they have a right to know the
accusations.
Students are not entitled to a
lawyer or to call witnesses.

22. 5 eminent domain
means the right
of the gov’t to
take private
property for
public use

23. 5 eminent domain
The government has to prove (to
a judge) it has a very good reason
to take your property.
It must pay you a fair amount for
whatever it takes.

24. 5 eminent domain
Mayor Isaacs tried to
use eminent domain
to re-sell Lexington
Mall, because the
abandoned
buildings are an
eyesore and attract
crime.