1. Your Rights in the Legal System
Chapter 5.5
Your Rights in the Legal System

3. Amendments 5 6 7 8
Protection of rights in the Judicial Process

4. 5th Amendment Protection from Self Incrimination Double Jeopardy
Due Process Clause (14th)

5. Miranda v Arizona 1966 New police procedure Miranda Rights
Ensuring the a suspect knows their rights

6. Also Taking Clause Eminent Domain
Government may not take private property without “just compensation”
Public use / fair price

7. 6th Amendment Procedure for criminal trials
Protects the rights of the accused

8. Guarantees Speedy Public Impartial jury Legal counsel Witnesses
Evidence

9. Gideon v Wainwright 1963 Right to counsel Supreme Court
Too poor = appointed attorney

10. Sheppard v Maxwell 1954 Due Process is compromised by the media
Can the media cover the trial?
Yes. (1st “A”)
But…….
Can't cause bias
So……..there are limits

11. 7th Amendment Guarantees trial by jury in civil cases
Civil case = not criminal actions

12. 8th Amendment Protection from…… Excessive bail (or fines)
Cruel & unusual punishment

13. Capital Punishment
Death Penalty
Is it “cruel & unusual”?
Controversy

14. Furman v Georgia 1972 SC decision
Death Penalty WAS cruel & unusual WHEN applied inconsistently and unequally
Halted all executions………………….

15. Until 1976
States “rewrote” laws about and the death penalty was now constitutional under the new laws
Limits
Not all states

16. Ch 5.6 9th & 10th Amendments General
Protection for rights & liberties not specifically mentioned

17. 9th Amendment Rights exist beyond what is listed in the “C”
Rights to privacy
Griswold v Connecticut 1965

18. Today
You give up your right to privacy…..
How?
Cell phones
Internet

19. 10th Amendment Federalism Balance of federal and state power
Limits power of federal government
Reserves power for the states
But….don’t forget Supremacy Clause

20. Check 5.5 What is……….? Self incrimination Double jeopardy
Eminent domain
What protections are given in the 6th “A”?
What 2 protections are given in the 8th?

21. Check 5.6 The 9th “A” protects peoples right to ____?
The 10th “A” limits powers of the ______ government and ________ powers for the states.