1. Due Process Theme: Rights
Unit 2 Day 6
Due Process
Theme: Rights

2. Amendments
Amendment 5: Self Incrimination(Plead the 5th); Due Process of Law; Eminent Domain & Double Jeopardy.
Amendment 6: Speedy, public trial by Jury in a Criminal Case.
Amendment 7: Speedy, public trial by Jury in a Civil Case.
Amendment 8:Excessive bail, fines, cruel & unusual punishments prohibited.
How does the death penalty fit into the 8th amendment?

3. Explain the purpose of each US Amendment in your own words.
List a significant incident related to each Amendment (1 example is listed below) 5
My recommendation – look up the 4 ideas found w/I the 5th amendment. That way you’re sure to understand. Ex: You cannot always plead the 5th. If you witness a crime you cannot plead the 5th – you’re the witness
Mark McGwire pleading the 5th to Congress about his steroid usage during his MLB career. 6
Alleged criminals are given free council if needs be – known as a public defender 7
You have the right to a jury trial of your peers & your right to a trial in a speedy manor – meaning getting your case in court ASAP. 8
Bail, fines & cruel & unusual punishment cannot be excessive. Ex: a speeding ticket cannot be $4,000.

4. Key Supreme Court Cases
Gideon v. Wainright (1963)
Miranda v. Arizona (1966)
On the next slide you will use this website to answer questions:

5. Do you agree w/ the verdict of the Supreme Court? Why or why not?
Case
Decision/ Winner
Purpose
Precedent
Do you agree w/ the verdict of the Supreme Court? Why or why not?
Gideon v. Wainwright (1963)
9-0
Gideon
6th Amendment's right to counsel in criminal cases extend to felony defendants in state courts (Public Defender)
All US citizens who are alleged criminals receive a fair (criminal) trial w/ a lawyer – free public defender if they cannot afford council
Miranda v. Arizona (1966)
5-4
Miranda
Police must inform you of your rights when you are going to be questioned
Police must inform citizen of their right to counsel & their protection against self-incrimination - 5th Amendment

6. Gideon v. Wainwright (1963) continued…
Who was Gideon?
Who was Wainwright?
Explain why Gideon was arrested?
What is a public defender?
What is a habeas corpus petition and why was it used in this trial?
In your opinion should a suspected criminal receive a public defender? Why or why not?
Why were the Justices so adamant on their decision? (9-0)

7. Miranda v. Arizona (1966) continued…
When and why does an officer of the law read you your Miranda rights?
In your opinion should a suspect receive their Miranda rights? Why or why not?
What crime(s) did Miranda commit?
Was the US Supreme Court concerned about Miranda’s crimes he committed? Why or why not?