Trial Rights GOVT Notes 5-4

5th Amendment Rights/Protections for people accused of a crime

5 Constitutional Rights of the 5th 1a) Grand Jury – people who decide if there is enough evidence for a criminal trial Guaranteed in a capital crime (when the death penalty can be given) Grand jury has nothing to do with guilt or punishment Examine if there is probable cause to hold a trial or not If grand jury returns with an indictment, then a criminal trial will be brought against the accused If no indictment, then no criminal trial will take place EX: Ferguson, Missouri….In death of Michael Brown, Grand Jury came back with no indictment against the police officer Darren Wilson. Grand Jury listening to and weighing evidence for 3 months, from over 60 witnesses Eric Garner, Staten Island, NY….choking death, no indictment against police officers for Garner’s death Grand juries are usually not open to public, encourages witnesses to speak freely, and protects defendants reputation Indictment = decision to bring criminal charges against a person, still not determining guilt or not guilty yet

5 Constitutional Rights of the 5th 1b) Indictment – formal statement charging a person with certain crimes Grand jury has nothing to do with guilt or punishment Examine if there is probable cause to hold a trial or not If grand jury returns with an indictment, then a criminal trial will be brought against the accused If no indictment, then no criminal trial will take place EX: Ferguson, Missouri….In death of Michael Brown, Grand Jury came back with no indictment against the police officer Darren Wilson. Grand Jury listening to and weighing evidence for 3 months, from over 60 witnesses Eric Garner, Staten Island, NY….choking death, no indictment against police officers for Garner’s death Grand juries are usually not open to public, encourages witnesses to speak freely, and protects defendants reputation Indictment = decision to bring criminal charges against a person, still not determining guilt or not guilty yet

Ferguson Riots (Nov. 2014) Video Link

5 Constitutional Rights of the 5th 2) Double Jeopardy – cannot be tried for the same crime twice – (whether they’ve been convicted or found not guilty) Convicted people give up protection from double jeopardy when they appeal Ex: guy robs bank, during gettaway, robber smashes his car into another car and injures the driver…2 separate crimes If judge dismisses case for lack of evidence at a preliminary hearing, govt can still initiate new charges for same crime once more evidence is obtained

5 Constitutional Rights of the 5th 3) Freedom from Self-Incrimination: Can’t force someone to confess guilt or talk to police (Pleading the 5th) Individuals can only refuse to give evidence that incriminates themselves Defendants who choose to testify give up right against self-incrimination Court can hold you in contempt of court for obstructing the judicial process

5 Constitutional Rights of the 5th 3) Freedom from Self-Incrimination: Immunity: witnesses promised their testimony won’t be used to prosecute them for crimes Court can hold you in contempt of court for obstructing the judicial process

5 Constitutional Rights of the 5th 4) Due Process: treated fairly and equally under the law Court can hold you in contempt of court for obstructing the judicial process

5 Constitutional Rights of the 5th 5) Fair Compensation: Gov’t can’t seize private property without fair compensation Court can hold you in contempt of court for obstructing the judicial process

6th Amendment 1) Right to a Fair and Speedy Trial Impartial jury should evaluate evidence fairly, then determine person’s guilt Speedy Trial Act of 1974 – 100 days between arrest and trial in federal court

6th Amendment 2) Right to Defend Oneself Habeas Corpus: Right to know the charges against oneself Right to confront or call witnesses on your behalf

6th Amendment 3. Right to an Attorney (legal advice) Powell v. Alabama (1932) Special Circumstances (illiterate, low intelligence) Betts v. Brady (1942) If accused of capital crime (death penalty) EVERYONE AT TRIAL GETS AN ATTORNEY, even if you can’t afford to pay for an attorney

6th Amendment Gideon v. Wainwright (1963) Everyone has right to an attorney in a criminal trial EVERYONE AT TRIAL GETS AN ATTORNEY, even if you can’t afford to pay for an attorney

Clarence Earl Gideon Video Link

6th Amendment Escobedo v. Illinois (1964) Right to attorney during police interrogations Escobedo v. Illinois (1964) Once questioning process shift from investigative to accusatory, accused gets an attorney. If you don’t have an attorney and don’t know your rights you cannot provide best possible defense. In reality the best defense is really an expensive, excellent lawyer/team of lawyers Did you hear any disturbances last night outside your apartment? Did you know the deceased, Mr. Ramirez? SHIFT: Isn’t it true you witnesses saw you having an argument with Mr. Ramirez last night at 10PM at the Bar on 5th street? Where were you last night between 11-12 PM? Isn’t it true you own a 357 Revolver, the same weapon used to kill Mr. Ramirez? Miranda Rights are now a well-established part of criminal justice system and American culture

6th Amendment Miranda v. Arizona (1966) Accused must be read their rights before police questioning Escobedo v. Illinois (1964) Once questioning process shift from investigative to accusatory, accused gets an attorney. If you don’t have an attorney and don’t know your rights you cannot provide best possible defense. In reality the best defense is really an expensive, excellent lawyer/team of lawyers Did you hear any disturbances last night outside your apartment? Did you know the deceased, Mr. Ramirez? SHIFT: Isn’t it true you witnesses saw you having an argument with Mr. Ramirez last night at 10PM at the Bar on 5th street? Where were you last night between 11-12 PM? Isn’t it true you own a 357 Revolver, the same weapon used to kill Mr. Ramirez? Miranda Rights are now a well-established part of criminal justice system and American culture

Miranda Rights (5th and 6th) You have the right to remain silent Anything you say can and will be used against you in the court of law You have the right to speak to an attorney You have the right to have an attorney present during any questioning If you cannot afford an attorney, one will be provided for you