The 5th 6th and 7th Amendments Zone Andrew Kwak..……….Mehek Desai Lena Gavenas………….Sharon Bae Benny Feldmann……..Mariela Carrillo

Historical Background

One cannot be…. 1.tried without evidence for serious crime. 2.“deprived of life, liberty, or property.” 3.compelled to be witness against oneself. 4.tried twice for the same crime. 5.deprived of property without “just compensation.” 5th Amendment

5th Amendment Terms ○Double Jeopardy ○Due Process ○Self-Incrimination ○Just Compensation and Eminent Domain

6th Amendment Right of a defendant to… 1.A speedy and public trial. 2.Know what they’re being accused of. 3.Confront their accuser. 4.Get witnesses in their favor. 5.An attorney to assist their defense.

7th Amendment Establishes that… Jury trial guaranteed in federal courts Value of controversy shall exceed $20 No facts reexamined by other courts

Powell v. Alabama (1931) Implied right to legal counsel. Held states to due process clause. First time the federal gov’t reversed a state criminal decision for a violation of the fed bill of rights.

Palko v. Connecticut (1937) Held that Due Process Clause protected fundamental rights Protection against double jeopardy is not a fundamental right Later overruled in Brenton v. Maryland

Gideon v. Wainwright (1963) Right to counsel is fundamental right Required courts to appoint attorneys to defendants unable to afford or retain one on their own Praised previous ruling in Powell V Alabama Overruled Betts V Brady

Escobedo Vs. Illinois (1964) Criminal suspects have right to counsel during interrogations Arrestees must be made aware of their rights Statements void if rights not given Lost precedence to Miranda v. Arizona

Miranda Vs. Arizona (1966) Precedent: Miranda Warning -Rights against self-incrimination. -Right to remain silent. -Right to speak to your attorney. -Right to government-paid attorney. -Do you understand?

Miranda Rights (video)

-obscene phone call -parents not told about arrest -parents did not see petition for two months after it was filed -No trials were to be held In re Gault (1967)

In re Gault (1967) Precedent: Court proceeding for juveniles have to comply with the 14th Amendment, too.