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Amendments 5-10 A Federal Felony case
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The leftovers 9th Amendment: the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people (remember this???)
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The arrest Self-incrimination: you have the right to remain silent… use it! Right to counsel: You have a right to legal representation… a lawyer.
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The indictment Indictment: a formal accusation of a federal crime
Due process: a right to contest an accusation Speedy trial: you may not be held without being charged Public trial: peers who are not involved with the trial Grand jury: people who decide if there is enough evidence against you that you may have possibly committed the crime.
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The arraignment Arraignment: Charges formally brought against you, and you enter a plea Nature of the charge: The formal charge and classification Confront the accuser: You may see who has brought the charges against you
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The trial Investigation
Jury selection: Jury must be impartial and must be of your peers Arguments: Self-incrimination (again) Verdict: No cruel/unusual punishment
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8th amendment But what is Cruel and unusual punishment?
You even have rights after conviction of a federal felony. any punishment that is clearly inhumane or that violates basic human dignity
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appeals No double jeopardy: You may not be tried for the same crime more than once. Is this just a “get-out-of-jail-free” card?
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