Due Process Theme: Rights

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The American Legal System

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Presentation transcript:

Due Process Theme: Rights Unit 2 Day 6 Due Process Theme: Rights

Amendments Amendment 5: Self Incrimination(Plead the 5th); Due Process of Law; Eminent Domain & Double Jeopardy. Amendment 6: Speedy, public trial by Jury in a Criminal Case. Amendment 7: Speedy, public trial by Jury in a Civil Case. Amendment 8:Excessive bail, fines, cruel & unusual punishments prohibited. How does the death penalty fit into the 8th amendment?

Explain the purpose of each US Amendment in your own words. List a significant incident related to each Amendment (1 example is listed below) 5 My recommendation – look up the 4 ideas found w/I the 5th amendment. That way you’re sure to understand. Ex: You cannot always plead the 5th. If you witness a crime you cannot plead the 5th – you’re the witness Mark McGwire pleading the 5th to Congress about his steroid usage during his MLB career. 6 Alleged criminals are given free council if needs be – known as a public defender 7 You have the right to a jury trial of your peers & your right to a trial in a speedy manor – meaning getting your case in court ASAP. 8 Bail, fines & cruel & unusual punishment cannot be excessive. Ex: a speeding ticket cannot be $4,000.

Key Supreme Court Cases Gideon v. Wainright (1963) Miranda v. Arizona (1966) On the next slide you will use this website to answer questions: www.oyez.com

Do you agree w/ the verdict of the Supreme Court? Why or why not? Case Decision/ Winner Purpose Precedent Do you agree w/ the verdict of the Supreme Court? Why or why not? Gideon v. Wainwright (1963) 9-0 Gideon 6th Amendment's right to counsel in criminal cases extend to felony defendants in state courts (Public Defender) All US citizens who are alleged criminals receive a fair (criminal) trial w/ a lawyer – free public defender if they cannot afford council Miranda v. Arizona (1966) 5-4 Miranda Police must inform you of your rights when you are going to be questioned Police must inform citizen of their right to counsel & their protection against self-incrimination - 5th Amendment

Gideon v. Wainwright (1963) continued… Who was Gideon? Who was Wainwright? Explain why Gideon was arrested? What is a public defender? What is a habeas corpus petition and why was it used in this trial? In your opinion should a suspected criminal receive a public defender? Why or why not? Why were the Justices so adamant on their decision? (9-0)

Miranda v. Arizona (1966) continued… When and why does an officer of the law read you your Miranda rights? In your opinion should a suspect receive their Miranda rights? Why or why not? What crime(s) did Miranda commit? Was the US Supreme Court concerned about Miranda’s crimes he committed? Why or why not?