The Bill of Rights and the Criminal Trial Process

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Participants in the Trial Process Judge Jury Plaintiff Defendant Defense Attorney Prosecutor Witness Court Reporter Clerk Deputy Sheriff or Bailiff Police (1st Responding, Investigating, Arresting)

Interrogation Any questioning or conduct that is reasonably likely to elicit an incriminating response from a suspect 5th Amendment 6th Amendment

Search and Seizure Without probable cause, the search is illegal, and the evidence can be suppressed

Fruit of the Poisonous Tree Evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation The poisonous tree and the fruit can both be suppressed and excluded from a criminal trial 4th Amendment

What Is the Purpose of the Bill of Rights? The First 10 Amendments to the United States Constitution

Purpose of the Bill of Rights Protects the freedom of individuals and states Declares what the government cannot do Asserts the rights given to the people with which no law or government action can interfere

The Following Amendments Impact the Trial Process

Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger, nor shall any person be subject for the same offense to be twice put to jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Sixth Amendment In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Seventh Amendment Civil Trial The right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Civil Trial

Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Summary The United States is a nation that was founded on the principle of freedom. Civil liberties, as outlined in the Bill of Rights in the original Constitution, were the means by which ordinary citizens could be guaranteed freedom.

The Bill of Rights protects… The Victim The Accused EVERYONE

Resources Our Rights (First Edition), David Bodenhamer http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329 The Annenberg Classroom http://www.annenbergclassroom.org FindLaw http://www.findlaw.com Justice Learning http://www.justicelearning.org