Mastering the Bar Exam: Criminal Procedure - The Fifth Amendment (Module Three)

Miranda Rights.

Miranda v Arizona.

The case of Miranda v Arizona (1966) is a cornerstone of criminal procedure law. This landmark decision led to the establishment of what are now known as Miranda rights.

Key Aspects:

Ernesto Miranda was arrested and interrogated without being informed of his right to counsel and his right against self-incrimination.

The Supreme Court ruled that the Fifth Amendment's protection against self-incrimination extends to the police interrogation process.

Custodial Interrogation.

The Miranda rights apply during a custodial interrogation, which occurs when a person is in custody and subjected to direct or indirect questioning.

Understanding Custodial Interrogation:

In Custody: Not necessarily formal arrest; it can be any situation where a reasonable person would feel they are not free to leave.

Interrogation: Includes both express questioning and any actions or words that the police should know are reasonably likely to elicit an incriminating response.

Waiver of Rights.

An individual can waive their Miranda rights, but the waiver must be voluntary, knowing, and intelligent.

Criteria for a Valid Waiver:

Voluntary: Free from coercion or intimidation.

Knowing and Intelligent: The individual must understand the nature of the rights and the consequences of abandoning them.

Double Jeopardy.

Concept and Scope.

The principle of double jeopardy, as part of the Fifth Amendment, protects individuals from being tried twice for the same offense after either an acquittal or a conviction.

Key Elements:

Same Offense: The prohibition applies to the same offense, not separate acts that may be part of a broader criminal scheme.

Acquittal or Conviction: Once acquitted or convicted, a person cannot be retried for the same offense.

Exceptions and Special Cases.

There are exceptions to the double jeopardy rule:

Separate Sovereigns: The doctrine allows state and federal courts to try the same person for the same conduct under state and federal law, respectively.

Mistrials: If a mistrial occurs, particularly if the defendant requests it, retrial is typically permitted.

Appeals: If a conviction is overturned on appeal, retrial is not considered double jeopardy.

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