cl Part 4

Burden of Proof

It is the state’s job to prove you guilty not yours
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
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)
A5; Rule 2
- Person cannot be compelled to answer
- Miranda vs Arizona
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
Custody
- Suspect does not feel free to leave
- Handcuffed; read and waved rights
Interrogation

Asked questions designed to incriminate you
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

Author

pugsrule915

243990

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cl Part 4

Description

Part 4

Updated

2013-10-30T20:20:58Z

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