Transcript The Fifth Amendment - Sonoma Valley High School

The 5th & 6th Amendments
Fifth Amendment
The primary focus of the 5th amendment
is the criminal process.
• due process
• double jeopardy
• self-incrimination
• Grand Jury Indictments
Due Process
Amendment was ratified in 1791. It is
one 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?
• due process, double jeopardy, selfincrimination, Grand Jury Indictments
2. What does “due process” mean?
• the government must act fairly and
follow the rules
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
3. What does double jeopardy mean?
• You can’t be tried twice for the same
crime
4. When can you be tried twice for the
same crime?
• jury 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 trial
• Jury of peers
• Know the charges against you
• Confront witnesses against you
• Have witnesses for you
• Have 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
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
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 client that cannot be repeated in
court.