The Law Dictionary for Everyone
The term “5th Amendment” refers to the more well-known aspect of the Fifth Amendment to the U.S. Constitution, which states that no one can be forced to testify against himself in court. The 5th Amendment also ensures that no one can be tried a second time for a crime of which they were already acquitted. This is referred to as […]
Read moreFollowing is the case brief for Schmerber v. California, 384 U.S. 757 (1966) Case Summary of Schmerber v. California: Police ordered a physician to take petitioner’s blood, without petitioner’s consent, in connection with a drunk driving incident. Petitioner was convicted of drunk driving with the blood sample as evidence against him. Petitioner appealed, claiming the taking of his blood violated his […]
Read moreThe Fifth Amendment to the U.S. Constitution grants every American the right to refuse to give testimony that would incriminate himself, or cause himself to appear guilty of a crime. The Fifth Amendment does not actually use the term “self incrimination,” but states “No person … shall be compelled in any criminal case to be a witness against himself.” This […]
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