Fifth Amendment

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The Arkansas Game and Fish Commission (“the Commission”) is an agency that works to regulate and preserve Wildlife Management Areas in Arkansas. See Our Mission, Arkansas Game and Fish Commission, http://www.agfc.com/aboutagfc/...

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Indictment and Trial

In 2003, a New York grand jury indicted Edmund Boyle and eight other men on Racketeering Influenced and Corrupt Organizations ("RICO") Act conspiracy charges, claiming that they all participated in a series of bank robberies as...

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In 2013, Matthew Vogt, a police officer in the City of Hays, Kansas, applied for a new position with the City of Haysville’s police department. See Vogt v. City of Hays, Kansas, 844 F.3d 1235, 1238 (10th Cir. 2017). In his application to the City of...

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Overview

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the...

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Overview

Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "criminal...

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Federal law enforcement officials identified Johnnie Corley as one of three men who robbed the Norsco Federal Credit Union in Norristown, Pennsylvania, on June 16, 2003. See U.S. v. Corley, 500 F.3d 210, 212 (3d Cir. 2007). A Pennsylvania state court...

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In March 2012, a large gun safe, containing cash, personal papers, and twenty firearms, was stolen from a home in Virginia. Currier v. Commonwealth at 1. A neighbor reported hearing loud noises coming from inside the home, and seeing an old, white...

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Overview

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the...

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[Question presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Does the Double Jeopardy clause bar retrial when the trial judge directs a verdict of acquittal because the prosecution failed to prove a fact that was ultimately not an element of...

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In Miranda v. Arizona, the Supreme Court outlined procedural safeguards to ensure compliance with the Fifth Amendment’s privilege against self-incrimination. See State v. Powell, 998 So.2d 531, 534 (Fla. 2008). The Miranda warnings require an...

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