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Which of the following rights is not provided by 5th amendment?

a) individuals are protected from double jeopardy (being tried twice for the same crime)
b) states can not seize private property without just compensation
c) individuals have the right to refuse to incriminate themselves
d) miranda rights must be read upon arrest

1 Answer

6 votes

Final answer:

The 5th Amendment does not explicitly provide the right to have 'Miranda rights' read upon arrest; this is a procedure stemming from the Miranda v. Arizona court case that ensures individuals are informed of their 5th Amendment rights during police custody prior to interrogation.

Step-by-step explanation:

The right not provided by the 5th Amendment is that 'Miranda rights must be read upon arrest.'

The 5th Amendment encompasses protections for various personal liberties, including protection from double jeopardy (being tried twice for the same crime), the right to refuse self-incrimination, and the requirement for just compensation when private property is taken for public use.

The concept of Miranda rights stems from the Supreme Court decision in Miranda v. Arizona, which requires law enforcement to inform individuals of their rights while in police custody before interrogation, which includes the right to remain silent and the right to an attorney.

However, this requirement is not specifically listed in the text of the 5th Amendment but is an interpretation resulting from the aforementioned court case.

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