constitutional rights- The rights reserved by the people from the U.S. Constitution. These rights are better known as our Bill of Rights or the first ten amendments. These rights include: writ of habeas corpus; no bill of attainder; no unreasonable search and seizure; no double jeopardy; no self-incrimination; right to due process; and the right to a speedy and public trial.
exclusionary rule- The Fourth Amendment rule that evidence obtained by law enforcement in constitutional violation of a defendant's rights will not be used against the defendant. The intent of the rule is to dissuade the prosecution and law enforcement from infringing on the privacy rights of society.
fugitive- Usually refers to a person already convicted of a crime who has escaped from the police or governmental custody. Under Article IV of the U.S. Constitution a governor must return a fugitive to the state where the crime was originally committed.
jeopardy- The Fifth Amendment to the U.S. Constitution guarantees that no one can "be twice put in jeopardy of life or limb" for the same offense. In short, no one can be tried twice for the same crime.
Miranda warning- The requirement, also called the Miranda rule, set by the U.S. Supreme Court in Miranda v. Arizona (1966), that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her. The warnings are known as Miranda rights or just "rights." Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of these rights and knowingly waived them, before the confession can be introduced in the defendant's criminal trial. The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U.S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when a person becomes such a suspect.
privileges and immunities- In the U.S. Constitution it provides under Article IV that citizens of each state shall be entitled to the same privileges and protections provided to the citizens in that state. The 14th Amendment specifically provides: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
self-incrimination- The Fifth Amendment to the U.S. Constitution guarantees that one cannot "be compelled in any criminal case to be a witness against himself
". It is unlawful for law enforcement or government to compel a person to testify against his or her legal interest under oath or force another to produce evidence which tends to prove his or her guilt.
criminal rights- The rights reserved by the people from the U.S. Constitution. These rights are better known as our Bill of Rights or the first ten amendments. These rights have been commonly refered to as criminal rights.
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