Explore the legal terms and concepts related to 5th Amendment. Click on any term below to learn more about its definition and applications.
When may the 5th Amendment right against compelled testimony be eliminated?
The right against compelled testimony may be eliminated where (1) a witness is granted immunity from...
What limitations does the 5th Amendment place on the prosecutor's comments?
A prosecutor cannot make a negative comment about a defendant's failure to testify, or a defendant's...
When and how may a defendant assert their 5th Amendment Right Against Compelled Testimony?
The 5th Amendment right against compelled testimony can be asserted by anyone in any type of case. I...
In assessing double jeopardy, when do two crimes constitute the same offense?
Two crimes do not constitute the same offense if each crime requires proof of an additional element...
When does jeopardy attach, and what prevents double jeopardy?
The 5th Amendment prevents double jeopardy. Jeopardy attaches in a jury trial when the jury is sworn...
Under what circumstances may a defendant be retried?
A defendant can be retried: (1) after a hung jury; (2) after a mistrial for manifest necessity; and...
