Case Law: Fifth Amendment

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Case LawFifth Amendment
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I. A Witness Against Himself

• Testimony as Evidence in Criminal Case

• Adversarial System of Criminal Justice

- State must prove its case
- Defendant/accused has rights
Especially through 5th and 6th amendments

• Rights during Trials and Pre-Trial Proceedings

- Review Figure 111-1
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II. Confessions in Police Custody

• Escobedo v. Illinois (1964)

- When investigation becomes accusation
- 5th Amendment construed in terms of 6th

• Miranda v. Arizona (1967)

- Same circumstances as Ecobedo?
- Procedural safeguards
- Congresss response and Dickerson v. U.S.
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III. Interrogation after Miranda

• Exclusionary Rule

• What Exactly Is Custody?

- Cases on p. 539-540

• What Exactly Is Interrogation?

- Cases on p. 540-541

• Exceptions to Exclusionary Rule

- Cases on p. 541-543 (including Table 10-2)
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