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Published byKelley Payne Modified over 9 years ago
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5th/6th/7th Amendments (Due Process) By: Sam A Chris Koo Ethan Ng Paul Novak
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5th Amendment ●No Double Jeopardy ●No Self-incrimination (Miranda Rights) ●Protection of rights by due process
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6th Amendment ●Notice of accusation ●Confrontation ●Compulsory process ●Assistance of counsel
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7th Amendment ●Only applies to civil cases ●Trial by jury shall be preserved ●No reexamination of facts
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Why were they created?
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●For greater constitutional protection for individual liberties ●Place limits on the government ●People suffered from English Monarch ●Representatives don’t want strong government ●Protection and fairness were desired ●In reality, the reason was different
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Why controversial now? ●No problem since Justice Marshall ●Addition of 14th Amendment ●Bill of Rights apply to states ●Time of dispute
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What is Due Process of Law? “ States must respect all legal rights”legal rights
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Rape Case
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Powell v. Alabama (1932) ●Nine teenagers are found guilty of rape ●They weren’t given sufficient time ●Right to counsel was denied ●Such action is violation of 14th
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Murder Case
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Palko v. Connecticut (1937) ●Palko killed an officer in robbery ●Charged with second-degree murder ●Prosecutor appealed, forgot some procedure ●In second trial, first-degree murder charged ●Double jeopardy wasn’t applied ●Error was in the first trial
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Breaking and Entering
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Gideon v. Wainwright (1963) ●Gideon(50) committed misdemeanor crime in Florida ●Florida denied his right to counsel ●Needed to be a capital offense ●Taken to the Supreme Court ●Right to counsel is Fundamental right
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Murder Case II
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Escobedo v. Illinois (1964) ●Escobedo was suspected of murder ●He knew his rights, but denied ●Police didn’t allow his attorney to speak to him ●He was interrogated and forced confessions ●His right was violated ●Evidences are not legal
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Rape Case II
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Miranda v. Arizona (1966) ●Miranda was arrested and tortured ●Through interrogation police forced written confession ●He wasn’t notified of his rights ●Creation of “Miranda Rights”
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Police 101 : Make sure they know their Miranda RIghts
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Prank Call
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In re Gault (1967) ●Gault made an obscene phone call ●Arrested, parents not notified ●Arizona Law allowed some loopholes ●Due Process was not followed ●6th and 14th Amendments not followed
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