Topic > The Ins and Outs of the Fifth Amendment - 903

This comes from the right Americans have not to be forced to testify against themselves in a criminal case. But the Fifth Amendment also protects against double jeopardy and gives people accused of a crime the right to a grand jury indictment (Bohm & Haley, 2011). Double jeopardy essentially states that if a conviction or acquittal is achieved in a criminal case, the person can no longer be tried again for the same crime (Bohm & Haley, 2011). Procedural rights against self-incrimination also apply to all police-conducted detention situations. To ensure that statements or confessions made by a suspect are permissible in court, two tests must be followed. Firstly, it is believed that the person is in a pre-trial detention situation, and secondly, whether the police intend to ask compromising questions. If the answer to both is yes, you need to read the suspect his rights. This is known as giving someone their Miranda rights derived from the famous case