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The Fifth Amendment Alfredo Garcia

The Fifth Amendment By Alfredo Garcia

The Fifth Amendment by Alfredo Garcia


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Summary

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.

The Fifth Amendment Summary

The Fifth Amendment: A Comprehensive Approach by Alfredo Garcia

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.

About Alfredo Garcia

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.

Table of Contents

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

Additional information

NPB9780313296857
9780313296857
0313296855
The Fifth Amendment: A Comprehensive Approach by Alfredo Garcia
New
Hardback
Bloomsbury Publishing Plc
2002-10-30
248
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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