1. Trial Rights
GOVT Notes 5-4

2. 5th Amendment
Rights/Protections for people accused of a crime

3. 5 Constitutional Rights of the 5th
1a) Grand Jury
– people who decide if there is enough evidence for a criminal trial
Guaranteed in a capital crime (when the death penalty can be given)
Grand jury has nothing to do with guilt or punishment
Examine if there is probable cause to hold a trial or not
If grand jury returns with an indictment, then a criminal trial will be brought against the accused
If no indictment, then no criminal trial will take place
EX: Ferguson, Missouri….In death of Michael Brown, Grand Jury came back with no indictment against the police officer Darren Wilson. Grand Jury listening to and weighing evidence for 3 months, from over 60 witnesses
Eric Garner, Staten Island, NY….choking death, no indictment against police officers for Garner’s death
Grand juries are usually not open to public, encourages witnesses to speak freely, and protects defendants reputation
Indictment = decision to bring criminal charges against a person, still not determining guilt or not guilty yet

4. 5 Constitutional Rights of the 5th
1b) Indictment
– formal statement charging a person with certain crimes
Grand jury has nothing to do with guilt or punishment
Examine if there is probable cause to hold a trial or not
If grand jury returns with an indictment, then a criminal trial will be brought against the accused
If no indictment, then no criminal trial will take place
EX: Ferguson, Missouri….In death of Michael Brown, Grand Jury came back with no indictment against the police officer Darren Wilson. Grand Jury listening to and weighing evidence for 3 months, from over 60 witnesses
Eric Garner, Staten Island, NY….choking death, no indictment against police officers for Garner’s death
Grand juries are usually not open to public, encourages witnesses to speak freely, and protects defendants reputation
Indictment = decision to bring criminal charges against a person, still not determining guilt or not guilty yet

5. Ferguson Riots (Nov. 2014)
Video Link

6. 5 Constitutional Rights of the 5th
2) Double Jeopardy
– cannot be tried for the same crime twice
– (whether they’ve been convicted or found not guilty)
Convicted people give up protection from double jeopardy when they appeal
Ex: guy robs bank, during gettaway, robber smashes his car into another car and injures the driver…2 separate crimes
If judge dismisses case for lack of evidence at a preliminary hearing, govt can still initiate new charges for same crime once more evidence is obtained

7. 5 Constitutional Rights of the 5th
3) Freedom from Self-Incrimination:
Can’t force someone to confess guilt or talk to police (Pleading the 5th)
Individuals can only refuse to give evidence that incriminates themselves
Defendants who choose to testify give up right against self-incrimination
Court can hold you in contempt of court for obstructing the judicial process

9. 5 Constitutional Rights of the 5th
3) Freedom from Self-Incrimination:
Immunity:
witnesses promised their testimony won’t be used to prosecute them for crimes
Court can hold you in contempt of court for obstructing the judicial process

10. 5 Constitutional Rights of the 5th
4) Due Process:
treated fairly and equally under the law
Court can hold you in contempt of court for obstructing the judicial process

11. 5 Constitutional Rights of the 5th
5) Fair Compensation:
Gov’t can’t seize private property without fair compensation
Court can hold you in contempt of court for obstructing the judicial process

12. 6th Amendment 1) Right to a Fair and Speedy Trial
Impartial jury should evaluate evidence fairly, then determine person’s guilt
Speedy Trial Act of 1974 – 100 days between arrest and trial in federal court

15. 6th Amendment 2) Right to Defend Oneself
Habeas Corpus: Right to know the charges against oneself
Right to confront or call witnesses on your behalf

16. 6th Amendment 3. Right to an Attorney (legal advice)
Powell v. Alabama (1932)
Special Circumstances (illiterate, low intelligence)
Betts v. Brady (1942)
If accused of capital crime (death penalty)
EVERYONE AT TRIAL GETS AN ATTORNEY, even if you can’t afford to pay for an attorney

17. 6th Amendment Gideon v. Wainwright (1963)
Everyone has right to an attorney in a criminal trial
EVERYONE AT TRIAL GETS AN ATTORNEY, even if you can’t afford to pay for an attorney

18. Clarence Earl Gideon
Video Link

19. 6th Amendment Escobedo v. Illinois (1964)
Right to attorney during police interrogations
Escobedo v. Illinois (1964) Once questioning process shift from investigative to accusatory, accused gets an attorney. If you don’t have an attorney and don’t know your rights you cannot provide best possible defense. In reality the best defense is really an expensive, excellent lawyer/team of lawyers
Did you hear any disturbances last night outside your apartment? Did you know the deceased, Mr. Ramirez?
SHIFT: Isn’t it true you witnesses saw you having an argument with Mr. Ramirez last night at 10PM at the Bar on 5th street? Where were you last night between PM? Isn’t it true you own a 357 Revolver, the same weapon used to kill Mr. Ramirez?
Miranda Rights are now a well-established part of criminal justice system and American culture

20. 6th Amendment Miranda v. Arizona (1966)
Accused must be read their rights before police questioning
Escobedo v. Illinois (1964) Once questioning process shift from investigative to accusatory, accused gets an attorney. If you don’t have an attorney and don’t know your rights you cannot provide best possible defense. In reality the best defense is really an expensive, excellent lawyer/team of lawyers
Did you hear any disturbances last night outside your apartment? Did you know the deceased, Mr. Ramirez?
SHIFT: Isn’t it true you witnesses saw you having an argument with Mr. Ramirez last night at 10PM at the Bar on 5th street? Where were you last night between PM? Isn’t it true you own a 357 Revolver, the same weapon used to kill Mr. Ramirez?
Miranda Rights are now a well-established part of criminal justice system and American culture

22. Miranda Rights (5th and 6th)
You have the right to remain silent
Anything you say can and will be used against you in the court of law
You have the right to speak to an attorney
You have the right to have an attorney present during any questioning
If you cannot afford an attorney, one will be provided for you