
The Fifth Amendment
A Comprehensive Approach
Alfredo Garcia(Author)
Praeger Publishers Inc
Published on 30. October 2002
Book
Hardback
248 pages
978-0-313-29685-7 (ISBN)
Description
The Fifth Amendment is typically equated in both popular and legal discourse with the privilege against self-incrimination. This concept, Garcia reminds us, represents an incomplete view of the amendment. Often forgotten are the other two criminal clauses embodied in the text of the amendment: the right to a grand jury indictment for a serious crime and the freedom from double jeopardy for the same offense.
Garcia emphasizes the relationship among these criminal protections. Historical developments suggest that these seemingly disparate provisions have common threads: to provide constitutional protection for all trial-related rights. Underlying these constitutional provisions is the need to check the potential abuse of governmental power over the individual. Indeed, this theme permeated the historical backdrop to the Fifth Amendment. Finally, Garcia examples the practical ties of these clauses. The right to a grand jury indictment, the privilege against self-incrimination and the protection against double-jeopardy represent points in the continuum of the criminal justice process. An important resource for scholars and students involved with Amerian constitutional law, criminal justice, and criminology.
Garcia emphasizes the relationship among these criminal protections. Historical developments suggest that these seemingly disparate provisions have common threads: to provide constitutional protection for all trial-related rights. Underlying these constitutional provisions is the need to check the potential abuse of governmental power over the individual. Indeed, this theme permeated the historical backdrop to the Fifth Amendment. Finally, Garcia examples the practical ties of these clauses. The right to a grand jury indictment, the privilege against self-incrimination and the protection against double-jeopardy represent points in the continuum of the criminal justice process. An important resource for scholars and students involved with Amerian constitutional law, criminal justice, and criminology.
More details
Series
Language
English
Place of publication
United States
Publishing group
Bloomsbury Publishing Plc
Target group
College/higher education
Professional and scholarly
Interest Age: From 7 to 17 years
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 19 mm
Weight
559 gr
ISBN-13
978-0-313-29685-7 (9780313296857)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
ALFREDO GARCIA is Professor of Law, St. Thomas University, School of Law. In addition to teaching criminal law and procedure, he has served as an Assistant State Attorney in Florida and as a criminal defense attorney at both the state and federal levels. He is the author of The Sixth Amendment in Modern American Jurisprudence (Greenwood, 1992) and has published numerous articles in the field of constitutional criminal procedure.
Content
Preface
Introduction
The Fifth Amendment: A Comprehensive Approach
What is a "Voluntary" Confession?
Miranda Redux: Or How the Court Attempted to Revive a Dead Patient
The Grand Jury: A Modern-Day Dinosaur
Double Jeopardy: Have We Ever Known What it Means?
Epilogue
Bibliography
Introduction
The Fifth Amendment: A Comprehensive Approach
What is a "Voluntary" Confession?
Miranda Redux: Or How the Court Attempted to Revive a Dead Patient
The Grand Jury: A Modern-Day Dinosaur
Double Jeopardy: Have We Ever Known What it Means?
Epilogue
Bibliography