Fifth Amendment Flashcard

Front

Which of the following is NOT one of the protections offered by the Fifth Amendment?
Protection against double jeopardy,
Right to a grand jury indictment for serious crimes,
Protection against self-incrimination,
Protection against cruel and unusual punishment

Back

Protection against cruel and unusual punishment

Front

The principle of due process originated from which historical document?

Back

Magna Carta

Front

What is the purpose of the grand jury according to the Fifth Amendment?

Back

To protect individuals from vindictive or malicious prosecutions

Front

In what type of court case is a grand jury typically involved? Options: Civil lawsuits, Appeals for wrongful convictions, Cases of double jeopardy, Criminal cases involving serious crimes

Back

Criminal cases involving serious crimes

Front

What does the Double Jeopardy Clause of the Fifth Amendment primarily prevent?

Back

Being tried for the same crime twice by the same sovereign

Front

Which of the following is a misconception about double jeopardy?
It prevents prosecution for the same crime by the same sovereign.
It allows both federal and state governments to prosecute the same conduct.
It only applies to criminal cases.
It prevents prosecution for a separate crime arising from the same event.

Back

It allows both federal and state governments to prosecute the same conduct.

Front

What is the primary function of a trial jury, also called a "petty jury"?

Back

To determine guilt or innocence

Front

The term "taking the Fifth" refers to which legal protection?

Back

Right to remain silent to avoid self-incrimination

Front

What Supreme Court case established the requirement for Miranda Warnings?

Back

Miranda v. Arizona

Front

Under what circumstances is the government required to give a Miranda Warning?

Back

When an individual is taken into custody and questioned