Criminal Procedure - 5Th Amendment

Front 1

5th A. privilege against compulsory self-incrimination:

Back 1

Suspect must be advised of his constitutional rights before being subject to custodial interrogation & waive them or the resulting statement = inadmissible at trial

Front 2

Miranda Warnings

Back 2

Person in custody must, prior to investigation, be informed, in substance, that:
1. He has a right to remain silent;
2. Anything he says can be used against him in court;
3. He has the right to presence of an attorney; &
4. If he cannot afford an attorney, one will be appointed for him.

Front 3

Custodial Interrogation

Back 3

Statements are admissible unless the result of a Custodial Interrogation:
- Occurs where police interrogate a suspect in custody (reasonable person feel not free to leave) & know or should know that such questioning is likely to elicit an incriminating response
- BUT suspect may volunteer info to police at any time, even after invoking Miranda rts.

Front 4

Waiver

Back 4

Suspect can waive Miranda rts, but must be knowing, voluntary & intelligent

Front 5

Right to Terminate Interrogation

Back 5

At any time prior to or during interrogation, accused may terminate interrogation by invoking either right to remain silent or right to counsel

Front 6

When may confessions obtained in violation of Miranda rights be admitted into evidence at trial?

Back 6

Confession obtained in violation of an accused’s Miranda rts may be used to IMPEACH the accused’s testimony if he takes the stand at trial, even though it’s inadmissible as evid of guilt.

Front 7

5th A. Right to Counsel:

Back 7

Arises BEFORE formal proceedings begin; arises only when suspect who hears a Miranda warning says “I want a lawyer”.
NOT offense-specific = police cannot interrogate D on any subject, even if Q relates to a completely different offense.

Front 8

5th A. Prohibition Against Double Jeopardy - Rule

Back 8

Once attaches, D cannot be retried for the same offense by the same sovereign after a dismissal, acquittal, or conviction

Front 9

5th A. Prohibition Against Double Jeopardy
When does it attach:

Back 9

Attaches: when jury sworn in.
At bench trial, attaches when 1st witness called

Front 10

5th A. Prohibition Against Double Jeopardy
What constitutes a "Same Offense"

Back 10

- 2 crimes do not constitute the same offense when each crime requires proof of an additional element that the other does not, even though some of the same facts may be necessary to prove both crimes.

Front 11

5th A. Prohibition Against Double Jeopardy
Lesser Included Offenses:

Back 11

- Attachment of jeopardy for greater offense bars retrial for lesser included offense. Exception- if tried for battery; and victim dies; you can be tried for murder

Front 12

5th A. Prohibition Against Double Jeopardy
Exceptions Permitting Retrial

Back 12

i. Jury unable to reach a verdict (hung jury)
ii. Mistrial granted after having been requested by defense or over defense objection for manifest necessity. Ex: D becomes seriously ill during trial or jury bribed by D
iii. Successful defense appeals (exception of a reversal based upon the insufficiency of evidence at trial)
iv. Failure of D to keep agreed upon plea bargain.