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What does Double Jeopardy mean?
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1. You cannot be tried for a case on the same set of facts
twice.
2. You cannot be charged twice.
3. If the defendant is found not guilty, he or she cannot be
tried again in court.
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What does “Taking the Fifth” mean?
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The witness does not have to speak in court.
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What amendments was violated in the Miranda v. Arizona case?
What are they about?
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1. The Fifth Amendment gives you a choice of not being a witness against yourself. 2. The Sixth Amendment allows the person accused of a crime to have “the
assistance of counsel for his defense.”
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What does the right to a speedy trial mean?
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The accused is put to trial for the committed crime, during
a reasonable amount of time.
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What does confronting the witness mean?
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It’s the right of the accused to confront his/her accuser to
cross-examine or find the witness's testimony to be untrue.
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What does right to a jury mean?
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The accused person can have the right for a trial by jury in
most civil cases when the plaintiff request money from the defendant of more
than twenty dollars. The decision made by the jury can't be examined later on.
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Who does the Fifth Amendment protect from what?
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The Fifth Amendment protects witnesses and defendants from bullying of lawyers and judges. It allows them not to be deceived and to stand their ground. |
What did the Arizona police not tell Ernesto Miranda in the Miranda
v. Arizona case?
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1. The right to remain silent 2. The right to a lawyer 3. Anything he said could be used against him in court |
What does confronting the witness prevent?
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It prevents secret trials from using written statements from
absent witness as evidence.
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What caused the right to a lawyer?
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A homeless man was accused of a crime and was convicted and
sent to jail for five years because he had no lawyer to defend him. People demanded that he be tried again with a lawyer, so
he did. He ended up being set free.
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What caused to right to a jury?
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The American colonist wanted…
1. Jury trials since they didn’t have
one under the British rule
2. To protect others from unfair laws
3. To protect people who went against their government
4. To have juries follow what’s right, not the government
officials' wishes
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What are the requirements for trial by jury?
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1. Legal case has claim that follows the 1791 English Common
Law or decisions in lawsuit were similar to them.
3. Case has to go to federal court, not state court
4. The plaintiff wants money from defendant of more than $20
5. Private rights (rights between private citizens) are
disobeyed
6. The regular court makes decision, not the agencies.
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What is considered “serious” offense in criminal cases for a
trial by jury?
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1. The possible punishment is greater than six months’
imprisonment.
2. The imprisonment is less than six month, but there are
some penalties that need to be followed.
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What is exception to the rule in the Seventh Amendment that
the decisions that the jury makes are permanent?
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There wasn't enough evidence or legal mistakes were made.
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What does “witness tampering” with the jury mean?
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A member from the jury could have contact to an outside
source, like a family member or the media.
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