Some constitutional rights applicable in criminal cases are offense specific (i. e., when invoked, they apply only to the specific charge for which they were invoked), and some are not offense specific (i. e., once invoked, they apply to all charges against the defendant and not just the charge for which they were invoked).

Defendant is arrested, taken into custody, and charged with murder. She invokes her right to counsel. Which Amendment prevents the police from interrogating Defendant about the murder or any other criminal charge?

Fifth

Question

Social Studies

Savanna Olsen

11 March, 18:06

Some constitutional rights applicable in criminal cases are offense specific (i. e., when invoked, they apply only to the specific charge for which they were invoked), and some are not offense specific (i. e., once invoked, they apply to all charges against the defendant and not just the charge for which they were invoked).

Defendant is arrested, taken into custody, and charged with murder. She invokes her right to counsel. Which Amendment prevents the police from interrogating Defendant about the murder or any other criminal charge?

Fifth

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Answers (1)

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Gunner · Answer 1

The Fifth Amendment

Explanation:

The fifth amendment prevents interrogation from the police for any criminal charge as long as the person has not been indicted by the grand jury and as long as they have not been tried fairly. In this case as long as the defendant invokes her right to counsel, then she must be provided with a lawyer for any criminal charge and it is only after the trial and she is been found guilty by the grand jury, the police has no right to interrogate her further.