5th Amendment: Privilege Against Self-Incrimination

Interviewing and Preliminary Hearing

• State must demonstrate probable cause during the preliminary hearing to proceed with prosecution.
• Initial interview with the defendant is crucial for establishing client relationship, guiding the investigation, and outlining defense strategy.
• Fee arrangements for legal representation are determined during the initial interview.

Preparation for Interview

• Ethical considerations must be reviewed before conducting the interview.
• Collect and understand all relevant case information and applicable statutes.
• Create an interview form and a checklist of items to bring to the interview.
• Be ready to handle challenging clients or witnesses, such as those who are aggressive, manipulative, or overly friendly.

Investigation and Preparation

• Defense: Involves interviewing clients/witnesses and visiting the crime scene.
• Prosecution: Activities include reviewing police reports, and interviewing victims/witnesses, while identifying potential defenses and examining physical evidence.

Extradition Process

• Extradition allows a fugitive to be arrested in one state and returned to the state where charges are pending.
• The government must prove four key issues during an extradition hearing, including proper documentation and identifying the defendant as a fugitive.

Intake Process

• Intake involves receiving and evaluating accusations to decide on appropriate charges and documents to file.
• Important items for the intake include statutes outlining crimes and penalties, an intake form, and any pertinent medical release forms.
• Conduct interviews in a comfortable and private setting while establishing the crime, jurisdiction, and evidence involved.

Decision to Charge

• The executive branch decides on the specific charges, prioritizing justice and protecting the innocent while avoiding bias.

5th Amendment Rights

• Protects individuals against self-incrimination, limiting police interrogation practices and ensuring proof of guilt must be beyond a reasonable doubt.
• Exclusionary rule applies to any evidence obtained in violation of the 5th Amendment.
• Protection applies to individuals, not corporations, and during certain proceedings like criminal trials and juvenile hearings.

Incriminating Statements

• A statement is incriminating if it provides evidence necessary for prosecution.
• Defendants can refuse to give incriminating testimony if they have not been informed of their rights during interrogation.

Pretrial Release Services

• These services assess individuals’ backgrounds to determine appropriate bail conditions based on community ties, employment, prior record, and substance use.

Paralegal Roles

• Paralegals assist by obtaining criminal records, summarizing case outcomes, and participating in interlocutory appeals related to bail decisions.

Pretrial Detention and Conditions

• Pretrial detention must not constitute punishment; conditions should align with legitimate governmental purposes for security.
• Rocket dockets expedite felony case resolutions to minimize pretrial detention.

Miranda Rights

• Miranda rights include the right to remain silent and the right to an attorney, with statements given freely being admissible in court if no coercion was involved.
• Custody is determined by various factors such as location, duration of interrogation, and police presence.

Search and Seizure

• Plain view doctrine allows seizure of evidence that is immediately evident.
• Exigent circumstances permit searches without a warrant, particularly during emergencies or hot pursuits.
• Consent searches require that the prosecution establishes consent was voluntary and can be revoked.

Important Legal Concepts

• Inevitable discovery rule suggests that evidence would have been found lawfully regardless of the initial illegal search.
• Community caretaker function allows police to conduct certain searches to protect community safety without violating privacy expectations.