Author Question: Explain what taking the Fifth really means. The Fifth Amendment states that no person shall be ... (Read 25 times)

chads108

  • Hero Member
  • *****
  • Posts: 507
Explain what taking the Fifth really means. The Fifth Amendment states that no person shall be compelled in any criminal
 
  What will be an ideal response?

Question 2

Identify and discuss the basic constitutional protections enjoyed by criminal defendants in the United States. The Sixth Amendment requires a speedy trial for those accused of a criminal act. Citizens are protected against unreasonable delays before accusation because of
 
  What will be an ideal response?



fwbard

  • Sr. Member
  • ****
  • Posts: 325
Answer to Question 1

o case to be a witness against himself.. Therefore, a defendant has the right not to testify at a trial if to do so would implicate him or her in the crime. Witnesses may
also refuse to testify on this ground.
It is important to note that not only does the defendant have the right to take the  Fifth, but also that the decision to do so should not prejudice the jury in the
prosecution's favor.

Answer to Question 2

o statutes of limitations, which are legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place.

o The Sixth Amendment also states that anyone accused of a crime shall be judged
by an impartial jury..
In addition to the Sixth Amendment, which specifies the protections just
o discussed, the Fifth Amendment to the Constitution also provides important
safeguards for the defendant. The Fifth Amendment states that no person shall
be compelled in any criminal case to be a witness against himself..
o The presumption in criminal law is that a defendant is innocent until proved guilty.
The burden of proving guilt falls on the state (the public prosecutor).
As mentioned earlier, the burden of proving the defendant's guilt lies entirely with
o the state. Furthermore, the state must prove the defendant's guilt beyond a
reasonable doubt; that is, the prosecution must show that, based on all the
evidence, the defendant's guilt is clear and unquestionable.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

Approximately 25% of all reported medication errors result from some kind of name confusion.

Did you know?

Many of the drugs used by neuroscientists are derived from toxic plants and venomous animals (such as snakes, spiders, snails, and puffer fish).

Did you know?

Approximately 500,000 babies are born each year in the United States to teenage mothers.

Did you know?

More than 34,000 trademarked medication names and more than 10,000 generic medication names are in use in the United States.

Did you know?

The average person is easily confused by the terms pharmaceutics and pharmacology, thinking they are one and the same. Whereas pharmaceutics is the science of preparing and dispensing drugs (otherwise known as the science of pharmacy), pharmacology is the study of medications.

For a complete list of videos, visit our video library