Fifth Amendment Pages 119-136
1. What 5 rights does the fifth Amendment guarantee?
2. What is the difference between a grand jury and petit (trial jury?
3. What is the history behind a grand jury?
4. What is the difference between a grand jury and a preliminary hearing?
Give an argument for and against the use of grand juries.
5. What is double jeopardy? Give the historical background. What is the
purpose according to Green v. United States (1957)?
6. What is the right against self-incrimination known as?
7. Give the historical background to the rights against self-incrimination.
8. What is the difference between inquisitional systems vs. a system of accusation?
Which type do we use in this country?
9. Explain the case of Ashcraft v. Tennessee (1944)
10. Explain the case of Miranda v. Arizona (1966)
(What happens to evidence offered by a suspect if he or she is not read the
11. How did the court decide in the following cases:
Brewer v. Williams (1977):
Illinois v Perkins (1990)
Arizona V. Fulminante (1991):
12. Are there any exceptions to the 5th amendment?
Explain New York v Quarles (1984)
13. What does nontestimonial evidence include? (Explain Schmerber v. California (1966)
14. What is immunity?
15. What is the difference between the due process clause in the 5th Amendment and the
clause in the Fourteenth Amendment?
16. Where did the concept of due process have its beginning?
17. Give an example of procedural due process not mentioned in the Bill of Rights.
18. “Shocking police Conduct”. Explain the case Rochin v. California (1952)
19. Due process for juveniles:
Explain the case of In re Gault (1967)
Name four rights entitled to juveniles as a result of the case.
20. Explain the procedure in civil due process cases.
21. Explain the case of Golberg v. Kelly (1970)
Explain the case of Mathews v. Eldridge (1976)
Explain the case of Goss v. Lopez (1975) (Include the rights of students before suspension)
22. What is just compensation? Give the historical origins.
23. Explains what happens when the government wants to “take” private property?
24. What general rule does the Supreme Court follow in the “taking” of private property?
25. Explain the cases of:
Lucas v. South Carolina Coastal Commission (1992)
Dolan v. City of Tigard (1994)
26. Define what “public use” refers.
27. How does the court define “Just” compensation?