4 th 5 th and 6 th Amendments By: YOGI PATEL COLE DAURIZIO JASON TRAN STEPHANIE SCHRADER Nichelle Anderson Atia Harris Kathy Cooper Lucas Pincione

 Amendment IV: 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 issue, 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. What are they?

 Amendment V: 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 in 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. What are they?

 Amendment VI: 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 the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. What are they?

 All of these amendments deal with incrimination and justice  Amendment 4 prevents incrimination  Amendment 5 protects those being accused  Amendment 6 protects those already accused Relations

 King George created broad search warrants allowing the British to search anyone’s property without reason or notice  Not favored by the founding fathers Why was the 4 th Amendment created?

 Man’s home was searched without a warrant because he was a bombing suspect  Illegal paraphernalia was found on his property  Evidence could not be used Mapp v. Ohio (1961)

 Man was stopped and frisked  Police officers with reasonable suspicion are allowed to search people Terry v. Ohio (1968)

 A person charged with a capital crime may only be charged by an indictment issued by a grand jury  Prevents double jeopardy  Prevents self incrimination  Due Process (Magna Carta)  Just compensation Why was the 5 th Amendment created?

 Man was charged with kidnapping, rape, and robbery  He wasn’t informed with his rights  Confessed during an interrogation  No counsel present at interrogation  Prosecution based solely on his confession  Appealed to Supreme Court and won, introduced Miranda Rights Miranda v. Arizona (1966)

 To combat what the founding fathers thought were an unfair treatments by British law.  Speedy Trial avoids long lengths of incarceration  Public Trials make sure that the accused are treated fairly.  Juries make sure the fate of the person is not in the hands of one person Why was the 6 th Amendment created?

 Confrontation allows the accused bring the witnesses against them into court  Compulsory process allows the defendant to bring in witnesses to aid them  Right to counsel gives the accused a lawyer Why was the 6 th Amendment created?

 Precedent for speedy trial:  How long is the delay?  Reasons for the delay  Has the defendant asserted his right?  Degree of harm to the defendant Barker v. Wingo (1972)