Rights of the Accused

Rights of the
Accused

Unit 8

Lesson Overview

• Students Will Be Able To:
oIdentify how the 5th, 6th, 7th, and 8th Amendments
protect individual rights.
oEvaluate which effects of these amendments are the
most important.
• Vocabulary:
oBail, Eminent Domain, 8th Amendment, 5th
Amendment, 7th Amendment, 6th Amendment

Multiple Choice

The fourth amendment to the United States Constitution involves

• speech, assembly, petition, religion, and press

• self incrimination, grand jury, due process, and double jeopardy

• search and seizure

• Rights reserved to the States or the people

Essential Question- How do the 5th, 6th, 7th, and 8th Amendments protect people accused of crimes?

Imagine This -

Mrs. Schneider is sitting quietly at home sipping cold coffee. The police crash through the door and arrest me. The only thing they say is, "Your neighbor says you stole her chickens. You are coming with us." I am immediately sent to prison for a year. I am kept in an isolated cell and beaten once a day.

1. The police entered Mrs. Schneider's home without permission, possibly without a warrant.
2. The Police did not tell Mrs. Schneider her Miranda Rights.
3. Mrs. Schneider was imprisoned without a trial.
4. Mrs. Schneider received inhumane punishments.

What injustices (or loss of
rights) do you see happening in this example?

The Due Process Amendments

• The important thing to remember is that Due
Process protects you even before you are accused of a crime

• The 5th, 6th, 7th and 8th Amendments all deal
with due process after someone has been arrested or accused of a crime

Why do you
think
Amendments 5
through 8 were
included in the
Bill of Rights?

The 5th Amendment

• The 5th Amendment- establishes that the
government must follow due process and protects several different rights.

o Right to a Grand Jury and/or indictment process
 Decide whether there is enough evidence to proceed with a criminal
case
o Double Jeopardy (can’t be charged with the same crime twice)
 Allows people to not be put on trial again and again for the same
crime
o Can't be forced to testify against yourself
 You can "Plead the Fifth" and not be forced to testify against
yourself, self-incrimination
o Private property cannot be taken for public use without just
compensation
 This is called Eminent Domain- government's power to seize private
property for public use
 They must pay the owner the market value of the property

The 6th Amendment

• The 6th Amendment- Protects the right of people accused of a crime to a speedy and public trial, the assistance of counsel (lawyer), and the right to question witnesses.

Multiple Choice

How does the right to a jury trial protect people accused of a crime?

• It allows the accused person to select witnesses that may strengthen the defense

• It helps the accused person prepare for a defense before the trial

• It reduces the possibility that the court will be biased against the accused person.

• It allows the public to observe the trial and hold courts accountable

The Miranda Warning

• As we learned before this is a warning that refers to your right to remain silent and to an attorney (Lawyer)

• The police are required to inform you of these rights when they arrest someone

Why do you think that these
warnings exist and what do they do for people?

The 7th Amendment

• The Seventh Amendment- provides the right to
have a jury in a civil case

o In a civil case where the amount of money is more than $20
o Once the jury decides the court cannot change its decision
• Most states, including PA, have this right as well in
their state Constitutions

Multiple Choice

The Seventh Amendment guarantees that juries aren’t only for criminal cases.

• True

• False

The 8th Amendment

• Bail- is a deposit to the court that an
accused person pays after being arrested
to be released from jail
o They agree to appear in court at their trial
o If they do not or skip, they can be caught by
bounty hunters
• The BOR does not specify what
"Excessive" bail is

Essential Question- How do the 5th, 6th, 7th, and 8th Amendments protect people accused of crimes?

• The Fifth Amendment establishes due process, protects against double
jeopardy and self-incrimination, and sets rules about eminent domain.
• The Sixth Amendment protects the rights to a trial, an attorney, and the questioning of witnesses.
• The Miranda Rights are based on the Fifth and Sixth Amendments.
• The Seventh Amendment provides the right to a jury trial in federal civil
cases.
• The Eighth Amendment protects against excessive bail and cruel
punishments.

• Upcoming Lesson- we will analyze scenarios using the 4th Amendment and Miranda Rights