October 18, 2018 Modern Issues in the U.S. Agenda: NOTES #11: What rights do the Fifth and Sixth Amendments protect? CLASS ASSIGNMENT: “Expanding Due Process” NOTES-CHECK #s 6–10 LAST TUESDAY

What rights do the Fifth and Sixth Amendments protect? Notes #11

Both the Fifth and Sixth Amendments protect the rights of accused persons.

The Fifth Amendment protects accused persons from being: (1) charged for the same crime twice;

(2) forced to act as witnesses against themselves;

(3) deprived of life, liberty, or property, without due process of law.

The Sixth Amendment protects accused persons rights to: (1) a speedy and public trial, with an impartial jury;

(2) be informed of the alleged crimes committed and be confronted by witnesses against them;

(3) use witnesses in defense and have the assistance of an attorney.

Various Supreme Court cases and rulings have helped interpret the Fifth and the Sixth Amendments:

1. In the 1963 case Gideon v. Wainwright, the Supreme Court ruled that if an accused person cannot afford an attorney, the state must provide and pay for one. Clarence Gideon

2. In the 1964 case Escobedo v. Illinois, the Supreme Court ruled that a person questioned by law enforcement has the right to be represented by an attorney. Danny Escobedo

3. In the 1966 case Miranda v. Arizona, the Supreme Court ruled that an accused person is entitled to a reading of his/her rights when being arrested. Ernesto Miranda