美国宪法第五修正案ppt-英文幻灯片.pptx

The fifth amendment to the constitution of AmericaFifth amendment to US constitutioncontentOf fifth amendment to US constitutionMiranda WarningContentFunctionexceptionsGrand jurywhatfunctioncontentsNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.1The grand jury“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger”2 fifth amendment to US constitution Function?For exampleAmerican Ferguson shooting2American Ferguson shootings2Suspect:Darren WilsonVictim:Michael BrownAmerican Ferguson shooting2proceeding1 May 2014 - impanel2August 20, 2014 - started hearing evidence3 November 24 - reached a decisionGrand juries perform both investigatory and accusatory functions.2Function1obtaining2 reviewing documents and other evidence3 hearing the sworn testimonyMirandawarning3nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. fifth amendment to US constitution Miranda warning3contentYou have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?Miranda warning3Function If the police fail to give a suspect the Miranda warning, any information obtained during questioning or interrogation is inadmissible in trial. Or, if the police find evidence as a result of an interrogation which violates the Miranda rule, the evidence will be excluded.Miranda warning3Exceptions If there is an immediate threat to public safety, brief questioning can place without advising a suspect of his/her rights. If a suspect is not in police custody or interrogation takes place, the Miranda warning need not be given.ThatsallTHANK YOU!部分资料从网络收集整理而来，供大家参考，感谢您的关注！。