Twice put in jeopardy
• Double jeopardy.
• The state with all of its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, subjecting the individual to embarrassment, expense, and ordeal or compelling him to live in a continuing state of anxiety and uncertainty.
• In general, jeopardy attaches when the jury is sworn in (jury trial) or the first witness is sworn in (trial to a judge).
• Prevents prosecutorial abuse.
Compelled to be witness against himself
• Self-incrimination, voluntary confession.
• Based on history and fear of coerced confessions where suspects are beaten until they confess, the protection from self-incrimination allows all persons to “plead the fifth” and say nothing that would implicate them in the crime.
• Also applies to people who claim to be innocent.
• Involuntary confessions cannot be used for any purpose.
Deprived of life, liberty, and property without due process of law.
• Can be deprived of these basic rights as long as the process for doing so established by law is followed. In other words, the “process due” to the suspect must be complied with.
• Miranda warning refers to the due process requirement that a person in custody be informed of his or her rights (right to remain silent, anything said can be used against the suspect in court, right to have an attorney, attorney will be provided without cost if suspect cannot afford one).
• A person in a “Terry” stop does not have to be given the Miranda warning. Test is whether a reasonable person would believe he or she is in custody.
• Miranda rights refer to two different rights: right not to be interrogated, right to have a lawyer. Waiver of rights must be knowing, intelligent and voluntary.


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Terms and Tidbits
Speedy Trial
• An important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusations and to limit the possibility that long delay will impair the ability of an accused to defend himself or herself.
• Whether right is violated depends on circumstances, length of delay, reason for delay, defendant’s assertion of right, prejudice to defendant.
Public Trial
• Helps assure the defendant a fair and accurate adjudication of guilt or innocence, provides a public demonstration of fairness, discourages perjury, discourages the misconduct of participants (judges, prosecutors, and others), and discourages decisions based on secret bias or partiality.
• It is the defendant’s right and the public’s right under the First Amendment (public’s right to know what is going on in governmental institutions).
• A defendant cannot ask to have the trial closed to the public unless the defendant’s right to a fair trial is jeopardized. Juvenile proceedings are the exception.