1. Rights of the Accused (Due Process Rights)
UNIT II – Constitution and Rights

2. Discussion Questions What is due process?
What does it mean to be “accused” of a crime?
What rights to those that are accused of a crime have?

3. Amendments that protect the accused

4. 5th Amendment 5 components - remember GEDDS
G – Grand Jury – cannot be put on trial without a formal charge (indictment) by a grand jury
E – Eminent Domain – government is limited when taking your land, must be for public purpose and they must pay (not a protection of the accused but still in this amendment)
D – Due Process – no one may have their life, liberty, or property taken without formal due process of law
D – Double Jeopardy – citizen cannot be charged for the same crime twice
S – Self-incrimination – no one can be forced to testify against themselves/no forced confession

5. 6th Amendment
Guaranteed the right to a speedy, public, and fair trial by jury in a CRIMINAL case
Guaranteed the right to a lawyer
Trick – 6 is a bad number, criminals are bad people

6. 7th Amendment
Guaranteed the right to a speedy, public, and fair trial by jury in a CIVIL case (when someone is suing someone else)
Trick - 7 lucky number, winning money is lucky

7. 8th Amendment No cruel and unusual punishment
No excessive bails or fines
Trick – I “ate” nothing (starving is cruel)

8. Supreme Court Cases that protect the accused

9. ISSUE OUTCOME Gideon v. Wainwright (1963) RELATED AMENDMENT – 6TH
Should a person be given a lawyer in a criminal case even if they cannot afford one?
Yes – all citizens should be guaranteed a lawyer
RELATED AMENDMENT – 6TH

10. ISSUE OUTCOME Miranda v. Arizona (1966) RELATED AMENDMENT – 5TH
Does a person need to be told of their rights before they are questioned by the police?
Yes – all citizens arrested and interrogated but be read their “Miranda Rights”
RELATED AMENDMENT – 5TH