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Author Question: Explain what taking the Fifth really means. The Fifth Amendment states that no person shall be ... (Read 38 times)

chads108

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on: Aug 17, 2018
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

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Reply #1 on: Aug 17, 2018
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.


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