PSC 2302 Lecture Notes - Lecture 31: Excessive Bail Clause, Fifth Amendment To The United States Constitution, Miranda Warning
6 Dec 2016
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5th amendment: overview, grand jury- not incorporated yet, double jeopardy- chart page 338/table 13. 1, self incrimination- today, due process- applies to federal gov"t, takings clause, self-incrimination, exclusions. Does not apply when immunity (plea) is granted. Because in the interrogation room it is closed off and tense. * regarding to confessions outside of the trial: miranda changes this, logics of the case. Issue: incommunicado interrogation- the accused was there with the police and an attorney was not present; that produces a confession. Question is should it be included or not in the evidence. Issue: is when the officer take advantage of individuals ignorant to their rights so it is inherently psychologically coercive so safeguard need to be in place. Solution- miranda rights- this is the base line minimum of rights that accused individuals can be granted by the constitution. The 1st time the court can challenge the law congress passed- nearly 30 years later.
