SOC-4680 Chapter Notes - Chapter 7: Double Jeopardy, Grand Jury, Trial
Document Summary
Protects american citizens from: a second prosecution for the same offense after acquittal, a second prosecution for the same offense after conviction, multiple punishments for the same offense. Does not attach in cases lacking finality (i. e. mistrial. Separate sovereigns exception different jurisdictions may both pursue charges. Bram v. u. s. (1897) first recognized that individuals were protected from compulsory testimony. Adamson v. california (1947) court refused to extend protection to state trials and allowed the state to comment on the defendant"s silence. Malloy v. hogan (1964) overturned adamson making the 5th amendment binding to the states through the 14th. No statement, inculpatory or exculpatory, can be admitted if obtained during a custodial interrogation without proper advisement of his/her rights. Bright line rule edwards v. arizona (1981) All interrogation must stop until counsel is provided unless the suspect himself initiates the dialogue with the authorities.
