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The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment.
Berkemer v. McCarty, 468 U.S. 420 (1984), is a decision of the United States Supreme Court that ruled that a person in police custody following a misdemeanor traffic offense was entitled to the protections of the Fifth Amendment pursuant to the decision in Miranda v. Arizona 384 U.S. 436 (1966).
Disability rights advocates Patrisha Wright of the Disability Rights Education and Defense Fund (DREDF), and Evan Kemp Jr. (of the Disability Rights Center) led an intense lobbying and grassroots campaign that generated more than 40,000 cards and letters. After three years, the Reagan Administration abandoned its attempts to revoke or amend the ...
Justice Reed stated succinctly, "It is settled law that the clause of the Fifth Amendment, protecting a person against being compelled to be a witness against himself, is not made effective by the Fourteenth Amendment as a protection against state action on the ground that freedom from testimonial compulsion is a right of national citizenship ...
Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty" (the concept that the United States and each state possess sovereignty – a consequence of federalism), the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an ...
Colorado v. Spring, 479 U.S. 564 (1987), was a United States Supreme Court case in which the Court held that a suspect's awareness of the crimes about which he may be questioned is not relevant to his waiver of his Fifth Amendment rights.
"So what's going to happen is Mr. Baldwin is going to assert his 5th Amendment rights and the plaintiffs are not going to get any discovery in the meantime.” The judge disagreed, saying he would ...
Under the Equal Protection Clause, discrimination against people with disabilities is analyzed by "rational basis" scrutiny: if the discrimination has a rational basis, it is constitutional. In this case, the Court held that Congress, like the judiciary, was required to use rational basis review of state action, with its presumptions favoring ...