KEY TERMS Ch 10 Cengage: The Fifth Amendment

beachheading

the unconstitutional approach of purposely withholding the Miranda warnings until after a confession is obtained and then giving Miranda to re-ask the question

custodial interrogation

questioning by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom of action in any significant way

double jeopardy

a prohibition against the government from trying someone twice for the same offense

eminent domain

the power of the government to take private property for public use, with the owner being paid just compensation for the taking

entrapment

the act of government officials or agents (usually police) inducing a person to commit a crime that the person would not have otherwise committed

grand jury

a group of citizens who determine whether sufficient evidence exists to send an accused to trial

harmless error doctrine

involves the admissibility of involuntary confessions: if no harm resulted, the confession should be admissible

incrimination

the act of accusing, implicating, or identifying someone as having been involved in a crime or other wrongdoing

indictment

a formal accusation of a defendant, usually by a grand jury, that sends the defendant on to trial for prosecution

interrogation

the formal, systemic, express questioning by law enforcement of a person suspected of criminal activity, as well as the functional equivalent of express questioning (any words or actions by the police, other than those normally attendant to arrest and custody, that the police should know are reasonably likely to elicit an incriminating response from the suspect)

invoke

to unambiguously assert or exercise a right

just compensation

the requirement that property owners be paid fair market value by the government when government takes their property

public safety exception

allows officers to question suspects without first giving the Miranda warning if the information sought sufficiently affects the officers’ and the public’s safety

rebut

refute through the presentation of contrary evidence

USA PATRIOT Act

legislation that significantly improves the nation’s counterterrorism efforts

waiver

a purposeful and voluntary giving up of a known right