The 5 th & 6 th Amendments

Fifth Amendment The primary focus of the 5 th amendment is the criminal process. due processdue process double jeopardydouble jeopardy self-incriminationself-incrimination Grand Jury IndictmentsGrand Jury Indictments

Due Process Amendment was ratified in It is one of the most interpreted amendments in the Bill of Rights. Due process is tough to define Basically it means the government must act fairly and follow the rules Used by the courts as a catch-all term

Questions 1.What are the 4 main part of the 5 th Amendment? 2. What does “due process” mean? the government must act fairly and follow the rules due process, double jeopardy, self- incrimination, Grand Jury Indictmentsdue process, double jeopardy, self- incrimination, Grand Jury Indictments

Double Jeopardy Double jeopardy prevents individuals from being prosecuted twice for the same crime. This protection is not absolute Key is verdict versus verdict-less trial Did the jury give a verdict, guilty or not guilty?

Questions 4. When can you be tried twice for the same crime? 3. What does double jeopardy mean? You can’t be tried twice for the same crime jury doesn’t give a verdictjury doesn’t give a verdict

Self-Incrimination Suspects have the absolute right to remain silent during interrogations and at their trial In all other situations, citizens can be made to appear and testify, but have they have the right not to answer specific questions that may incriminate them.

Questions 5. When do you have a right to remain silent? When the answers to questions may incriminate you.

Self-Incrimination Miranda is the best known judicial ruling “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 present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? “

Miranda Warnings and Self-Incrimination The court said that three things must be understood by the person being questioned. his/her right to self-incrimination protection what will be done with information given right to lawyer

Questions 6. What three things does Miranda cover? Self-incrimination, lawyer, what will be done with the info given

Miranda Warnings and Self-Incrimination Miranda is required if the individual is not free to leave the questioning is investigative or accusatory Miranda is not required for interviews if the individual initiates the conversation

Miranda Warnings and Self-Incrimination With juveniles Miranda still applies to police & courts They can waive their Miranda rights without parental consent if mature enough Does not apply to school officials

Questions 7. There is a hit and run accident at school. Next day police are in the office interviewing teachers. Mrs. Reibli listens to the conversations and adds she knows nothing about the accident. Does she need to be Mirandized? Why or Why not? No, because she initiated the conversation.

Questions 8. Ms. Letlow is detained by police for questioning by police. She tries to leave and they don’t let her. Should she be Mirandized? Why or Why not Yes, because they would not allow her to leave.

Questions 9. Johnny, a 12 year old student, is sent to the office by Ms. Letlow. She believes he stole her laptop. The principal interrogates him about the missing laptop. Does he need to be Mirandized? Why or why not? No because he is being questioned by school officials.

Questions 10. Johnny is arrested for theft by the police. They read him his rights and begin the question him. Johnny confesses to the theft. Has the question been legally obtained? Depends, court could say he wasn’t mature enough to understand his rights. In which case only his parents could waive his rights.

6 th Amendment The primary focus of the 6 th amendment is the criminal process. Speedy and public trialSpeedy and public trial Jury of peersJury of peers Know the charges against youKnow the charges against you Confront witnesses against youConfront witnesses against you Have witnesses for youHave witnesses for you Have a lawyerHave a lawyer

Speedy & Public Trial Time between arrest and trial cannot exceed 100 days. Doesn’t mean trial can’t go on for more than 100 days. Sometimes takes years to try a case. Public can be limited to protect the accused or victim Cases involving minors Cases involving sexual assault Judges choice

Questions 11. When can the public be limited in a trial? In cases involving sexual assault, a minor and whenever the judge decides.In cases involving sexual assault, a minor and whenever the judge decides.

Jury of Peers People that represent a cross section of the population where the trial is occurring. Both sides get a say in who gets on the jury Juveniles do not get a jury sometimes, they get a judge. Judge is suppose to act in best interest of child and public.

Witnesses The defense (side being accused of a crime) can call witnesses to testify in favor of them The defense can question witnesses against them.

Questions 12. What are juveniles judges suppose to do? Act in the best interest of the child and the public.Act in the best interest of the child and the public.

Lawyers If you can’t afford one, one will be provided for you. Public defenders Conversations between you and your lawyer are privileged That means that cannot repeat what you say to anyone They’re job is to protect your rights and provide the best defense possible

Questions 13. What does privileged conversations mean? Means conversations between lawyer and client that cannot be repeated in court.Means conversations between lawyer and client that cannot be repeated in court.