The 5th & 6th Amendments

Fifth Amendment

The primary focus of the 5th amendment is the criminal process.• due process due process • double jeopardydouble jeopardy• self-incriminationself-incrimination• Grand Jury IndictmentsGrand Jury Indictments

Due Process

Amendment was ratified in 1791. It isone of the most interpreted amendments in the Bill of Rights.• Due process is tough to define• Basically it means the government

must act fairly and follow the rules• Used by the courts as a catch-all term

Questions

1. What are the 4 main part of the 5th Amendment?

2. What does “due process” mean?

• the government must act fairly and follow the rules

• due process, double jeopardy, self-due process, double jeopardy, self-incrimination, Grand Jury Indictmentsincrimination, Grand Jury Indictments

Double Jeopardy

Double jeopardy prevents individuals from being prosecuted twice for the same crime.• This protection is not absolute• Key is verdict versus verdict-less trial• Did the jury give a verdict, guilty or not

guilty?

Questions

4. When can you be tried twice for the same crime?

3. What does double jeopardy mean?

• You can’t be tried twice for the same crime

• jury doesn’t give a verdictjury doesn’t give a verdict

Self-Incrimination

• Suspects have the absolute right to remain silent during interrogations and at their trial

• In all other situations, citizens can be made to appear and testify, but have they have the right not to answer specific questions that may incriminate them.

Questions

5. When do you have a right to remain silent?

• When the answers to questions may incriminate you.

Self-Incrimination

Miranda is the best known judicial ruling

• “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? “

Miranda Warnings and Self-Incrimination

The court said that three things must be understood by the person being questioned.• his/her right to self-incrimination

protection• what will be done with information

given• right to lawyer

Questions

6. What three things does Miranda cover?

• Self-incrimination, lawyer, what will be done with the info given

Miranda Warnings and Self-Incrimination

Miranda is required if• the individual is not free to leave• the questioning is investigative or

accusatory

Miranda is not required• for interviews• if the individual initiates the

conversation

Miranda Warnings and Self-Incrimination

With juveniles• Miranda still applies to police & courts• They can waive their Miranda rights

without parental consent if mature enough

• Does not apply to school officials

Questions

7. There is a hit and run accident at school. Next day police are in the office interviewing teachers. Mrs. Reibli listens to the conversations and adds she knows nothing about the accident. Does she need to be Mirandized? Why or Why not?

• No, because she initiated the conversation.

Questions

8. Ms. Letlow is detained by police for questioning by police. She tries to leave and they don’t let her. Should she be Mirandized? Why or Why not

• Yes, because they would not allow her to leave.

Questions

9. Johnny, a 12 year old student, is sent to the office by Ms. Letlow. She believes he stole her laptop. The principal interrogates him about the missing laptop. Does he need to be Mirandized? Why or why not?

• No because he is being questioned by school officials.

Questions

10. Johnny is arrested for theft by the police. They read him his rights and begin the question him. Johnny confesses to the theft. Has the question been legally obtained?

• Depends, court could say he wasn’t mature enough to understand his rights. In which case only his parents could waive his rights.

6th Amendment

The primary focus of the 6th amendment is the criminal process.• Speedy and public trialSpeedy and public trial• Jury of peersJury of peers• Know the charges against youKnow the charges against you• Confront witnesses against youConfront witnesses against you• Have witnesses for youHave witnesses for you• Have a lawyerHave a lawyer

Speedy & Public Trial

• Time between arrest and trial cannot exceed 100 days. • Doesn’t mean trial can’t go on for more

than 100 days. Sometimes takes years to try a case.

• Public can be limited to protect the accused or victim• Cases involving minors• Cases involving sexual assault• Judges choice

Questions

11. When can the public be limited in a trial?

• In cases involving sexual assault, a In cases involving sexual assault, a minor and whenever the judge decides.minor and whenever the judge decides.

Jury of Peers

• People that represent a cross section of the population where the trial is occurring.• Both sides get a say in who gets on the

jury

• Juveniles do not get a jury sometimes, they get a judge.• Judge is suppose to act in best interest of

child and public.

Witnesses

• The defense (side being accused of a crime) can call witnesses to testify in favor of them

• The defense can question witnesses against them.

Questions

12. What are juveniles judges suppose to do?

• Act in the best interest of the child Act in the best interest of the child and the public.and the public.

Lawyers

• If you can’t afford one, one will be provided for you.• Public defenders

• Conversations between you and your lawyer are privileged• That means that cannot repeat what you

say to anyone• They’re job is to protect your rights and

provide the best defense possible

Questions

13. What does privileged conversations mean?

• Means conversations between lawyer and Means conversations between lawyer and client that cannot be repeated in court.client that cannot be repeated in court.