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Tag Archives: fifth amendment

U.S. Supreme Court Reaffirms Broad Protections of Double Jeopardy Clause

The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution bars a defendant from being tried twice for the same offense. There has traditionally been a distinction between substantive and procedural dismissals in double jeopardy jurisprudence. Any dismissal based on the insufficiency of the prosecution’s case, even if the ruling was utterly misguided,… Read More »

U.S. Supreme Court Carves Out Exception to Fifth Amendment Protections

In the groundbreaking case of Miranda v. Arizona, the U.S. Supreme Court ruled that people in custody must be apprised of their right to remain silent, which is guaranteed by the Fifth Amendment. Since the right against self-incrimination inherent in the Fifth Amendment is so crucial, the court reasoned that the only way to effectively… Read More »

Miranda Rights: Silence Has its Limits

Prosecutors can legally use your silence during a pre-arrest interrogation as evidence of guilt during a forthcoming criminal trial, according the U.S. Supreme Court ruling in Salinas v. Texas. “Popular misconception notwithstanding,” said Justice Alito, writing for the five-justice majority, “[the Constitution] does not establish an unqualified ‘right to remain silent.’” The facts of the… Read More »

A New Day: Public Safety Trumps Miranda Rights

On April 15, 2013 explosive devices planted along the route of the annual Boston Marathon killed three people and horribly injured scores more. Two brothers, Dzhokhar and Tamerlan Tsarnaev, became suspects in the horrific crime even as a MIT campus police officer was killed and a man was carjacked by the alleged suspects. The timeline… Read More »

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The Law Offices of E. Thomas Dunn, Jr.
1432 Edinger Avenue, Suite 240
Tustin, CA, 92780-6293 USA