Constitutional Rights and Liberties Flashcards

The Fifth Amendment's Self-Incrimination Clause, as clarified in Miranda v. Arizona, requires police to advise a suspect in custody of their rights before:

Answer: Custodial interrogation, meaning questioning after formal arrest or equivalent restraint

Miranda warnings are required only before custodial interrogation — questioning of a person who has been arrested or whose freedom of movement has been significantly curtailed.

The Double Jeopardy Clause of the Fifth Amendment prohibits which of the following?

Answer: A second trial for the same offense after an acquittal in the first trial

Double jeopardy absolutely bars retrial after an acquittal — jeopardy attaches at acquittal and the prosecution may not take another bite at the apple regardless of trial errors.

Under the Sixth Amendment, a defendant's right to confront witnesses means that out-of-court testimonial statements by unavailable declarants are generally:

Answer: Inadmissible unless the defendant had a prior opportunity to cross-examine the declarant

Under Crawford v. Washington, testimonial out-of-court statements by unavailable witnesses are inadmissible unless the defendant had a prior opportunity to cross-examine the declarant.

The Sixth Amendment right to counsel attaches at which point in criminal proceedings?

Answer: At the initiation of formal adversarial judicial proceedings such as indictment or arraignment

The Sixth Amendment right to counsel attaches at the initiation of formal charges — indictment, arraignment, or preliminary hearing — marking the beginning of adversarial judicial proceedings.

In Strickland v. Washington, ineffective assistance of counsel requires a defendant to prove:

Answer: Deficient performance by counsel AND resulting prejudice affecting the outcome

Strickland's two-prong test requires showing both that counsel's performance fell below an objective standard of reasonableness AND that there is a reasonable probability the outcome would have differed but for the errors.

The Fifth Amendment's Takings Clause requires just compensation when government takes private property. A 'regulatory taking' occurs when:

Answer: A regulation goes too far and deprives the owner of all economic value or denies investment-backed expectations

Under Penn Central and Lucas, a regulatory taking occurs when a regulation destroys all economic value, or when the balancing of economic impact, investment-backed expectations, and character of government action favors compensation.

The Due Process Clause of the Fifth Amendment, applicable to the federal government, guarantees substantive due process. Fundamental rights under this doctrine are subject to:

Answer: Strict scrutiny requiring a compelling interest and narrow tailoring

Substantive due process requires strict scrutiny for laws infringing fundamental rights, meaning the government must show a compelling interest pursued by narrowly tailored means.