Rights Under the 5th and 6th Amendments

Flashcards covering key concepts related to the 5th and 6th Amendments, their implications, and significant Supreme Court cases.

5th Amendment

Prohibits self-incrimination and double jeopardy; ensures due process of law.

6th Amendment

Guarantees the right to a speedy and public trial by an impartial jury and the right to counsel.

Privilege against self-incrimination

The right of a person not to testify against oneself in a criminal case.

Right to Counsel

The guarantee that a defendant can have legal representation during trial.

Miranda Rule

Requires police to inform suspects of their rights before questioning, including the right to remain silent and to have an attorney.

Custody

Restraint of freedom associated with formal arrest.

Compulsion in interrogations

Pressuring a suspect to provide information that could incriminate themselves.

Berkemer v. McCarty

Supreme Court case ruling that roadside questioning during a valid traffic stop is not considered custodial interrogation.

Edwards v. Arizona

Established that once a suspect invokes their right to counsel, all questioning must cease.

Non-Miranda statements

Statements made without Miranda warnings that can be used against a defendant if they contradict their current testimony.

Brewer v. Williams

Supreme Court case that established the 'Christian Burial Speech' rule. After suspect Williams was arrested for murder and his lawyer advised him not to speak, a detective elicited incriminating statements by making a 'Christian burial speech' during a car ride. The Court affirmed the right to counsel (6th Amendment) once judicial proceedings have begun, even without a formal interrogation.

Harris v. New York

Ruled that statements made by a defendant in violation of Miranda—such as Harris's unwarned statements that contradicted his trial testimony—though inadmissible as evidence during the prosecution's case-in-chief, can be used to impeach the defendant's credibility if they choose to testify.

New York v. Quarles

Established the 'public safety exception' to the Miranda rule. After police apprehended rape suspect Quarles in a supermarket and found an empty gun holster, they asked him where the gun was before giving Miranda warnings. The Court allowed unwarned statements if there is an objectively reasonable need to protect the police or the public from immediate danger.

2 important rights

Right against self-incrimination

Right to counsel