AMENDMENTS U.S. Bill Of Rights

Criminal Justice Amendments 4Th Amendment- right to be secure in person, houses, papers and effects against unreasonable searches and seizures, warrants are issued upon probable cause 5th Amendment – protection of the criminally accused - right to grand jury - right not to be a witness against yourself - no double jeopardy- can’t be tried twice for the same crime - Guarantees due process of law –procedural fairness -govt.will not seize property without paying market value

6th Amendment –rights of the crimanlly accused- - speedy trial - impartial jury chosen from state and district where crime is committed - informed of crime at arraigment - assistance of counsel 7th Amendment- guarantees trial by jury in cases that involve more than $20. 8th Amendment- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment

MIRANDA v. ARIZONA (1966) MIRANDA WARNINGS (RIGHTS): You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.

FEDERALISM The division of power between the state and the federal government

What rights of the accused does the Fifth and Sixth Amendment protect? If the police had informed Ernesto Miranda of these rights, do you think he might have done anything differently? What is the role of the police in protecting the rights of the accused, guaranteed by the 5th and 6th Amendments of the constitution? Do the Police have an obligation to ensure that the accused person is aware of these rights before they question the person?

Is this the only time the supreme Court had to rule about the rights of the accused? In Miranda, what values or goals of society must be balanced against self-incrimination and the rights of the accused? The Reading “Background Summary…” mentions that the state of Arizona Supreme Court denied Miranda’s appeal and upheld his conviction based on the premise Miranda had been convicted of a crime, hence he must be aware of his rights. In your opinion should the U.S. Supreme Court have upheld Arizona’s decision?

Where are the Laws Made? There are three areas where laws are made: 1) Legislative Branch 2) Government Agencies 3) Courts

Made in Legislatures Powers of the constitution US Legislature – made up of two Houses Senate (100 members) House of Representatives (435 Members) ***Pass laws that bind every person in every state***

b) State Legislature – made up of two houses ***pass laws that apply only within their boundaries *** c) Local Legislature- County- County Executive (S Levy) Town – Town Supervisor