Criminal Trial Rights

Lesson 4.2 Rights of the Accused

Friday, December 6

​Lesson 4.2 Rights of the Accused

​C – 4.1.2 Using the Fourth, Fifth, Sixth, and Eighth Amendments, describe the rights of the accused; using court cases and examples, describe the limit and scope of these rights.

​Amendment 4

​The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

​Amendment 5

​No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

​Amendment 6

​In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

​Amendment 8

​Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Multiple Choice

The right to not be forced to testify against oneself (self-incrimination) is found in the ________ Amendment.

• 4th

• 5th

• 6th

• 8th

Multiple Choice

The right to be free from cruel and unusual punishment is found in the __________ Amendment.

• 4th

• 5th

• 6th

• 8th

Multiple Select

The right to a jury trial in criminal cases is found in the ___________ Amendment.

• 4th

• 5th

• 6th

• 8th

Multiple Select

The right to not be charged twice for the same offense (double jeopardy) is found in the ___________ Amendment.

• 4th

• 5th

• 6th

• 8th

Multiple Choice

The right to be free from unreasonable searches and seizures is found in the __________ Amendment

• 4th

• 5th

• 6th

• 8th

Multiple Choice

The right to have an attorney defend you in a criminal case is found in the __________ Amendment.

• 4th

• 5th

• 6th

• 8th

Multiple Choice

4th Amendment 

• Freedom of speech, religion, press petition and assembly
• No illegal searches and seizures
• The right to bear arms
• No quartering troops

Multiple Choice

5th Amendment

• No self-incrimination

  No double jeopardy

  Due process

• The right to a jury trial in civil cases involving more than $20

• No cruel and unusual punishment

  No excessive bail

• The right to a fair, speedy and public trial in criminal cases.

  The right to a lawyer.

Multiple Choice

6th Amendment

• No self-incrimination

  No double jeopardy

  Due process

• The right to a jury trial in civil cases involving more than $20

• No cruel and unusual punishment

  No excessive bail

• The right to a fair, speedy and public trial in criminal cases.

  The right to a lawyer.

Multiple Choice

8th Amendment

• No self-incrimination

  No double jeopardy

  Due process

• The right to a jury trial in civil cases involving more than $20

• No cruel and unusual punishment

  No excessive bail

• The right to a fair, speedy and public trial in criminal cases.

  The right to a lawyer.

Multiple Choice

The right to a speedy, public trial is found in the __________ Amendment.

• 4th

• 5th

• 6th

• 8th

​4th Amendment

Exclusionary Rule

• ​This rule holds that if police violate your constitutional rights in order to obtain evidence, they cannot use that evidence against you.

​5th Amendment

​In Malloy v. Hogan, the U.S. Supreme Court rules that the Fifth Amendment’s right against self-incrimination, which historically applies only to witnesses in federal trials, also protects individuals testifying in state court.

​5th/6th Amendment

​In Miranda v. Arizona, the U.S. Supreme Court rules that the Fifth Amendment right against self-incrimination is not limited to in-court testimony, but also applies when a person is taken into police custody for questioning. The Court also rules that criminal suspects must be told of their Sixth Amendment right to an attorney. Once a person “indicates in any manner that he does not wish to be interrogated,” the police must stop asking questions – even if the person has answered questions up to that point, the Court says.

​6th Amendment

Charged with breaking and entering into a Panama City, Florida, pool hall, Clarence Earl Gideon Gideon, was denied his request that an attorney be appointed to represent him. The Supreme Court reversed his conviction, holding that defense counsel is "fundamental and essential" to a fair trial.

​8th Amendment

In Ingraham v. Wright, the U.S. Supreme Court refuses to find that the Eighth Amendment bars punishment of schoolchildren by “paddling.” Based on the amendment’s history and its language, the Court concludes that the amendment applies only to punishment of criminal offenses, not civil offenses such as breaking school rules.

Multiple Choice

This ruling held that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" must be excluded from criminal prosecutions in state courts, as well as federal courts.

• Mapp v. Ohio, 1961

• Miranda v. Arizona, 1966

• McCulloch v. Maryland, 1819

• Marbury v. Madison, 1803

Multiple Choice

Which court case stated that suspects must be read their rights when arrested or anything said is inadmissible in court?

• Plessy v Ferguson
• Texas v Johnson
• Tinker v Des Moines
• Miranda v. Arizona

Multiple Select

What is the statement called that police have to tell people before they are questioned?

• Taking the fifth

• Miranda Warning

• Double jeopardy

• Eminent domain

Multiple Choice

Giving testimony that can be used against you to show your guilt

• Self Incrimination

• Due Process

• Criminal Cases

• Civil Cases

Multiple Choice

Which court case expressed that all individuals have the right to an attorney for any criminal charge?

• Lemon v Kurtman
• Gideon v Wainwright
• US v Nixon
• Brown v Board of Ed

Multiple Choice

Which court case is important in protecting the 4th Amendment right to "unreasonable search and seizures"? 

• Mapp v Ohio
• Gideon v Wainwright
• US v Nixon
• Brown v Board of Ed

Multiple Choice

This ruling held held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

• Regents of California v. Bakke, 1978

• Plessy v. Ferguson, 1896

• New Jersey v. TLO, 1985

• Miranda v. Arizona, 1966

Multiple Choice

This Supreme Court case established that states and local districts can decide whether schools can use corporal punishment - 19 states still allow it.

• Ingraham v. Wright

• Tinker v. Des Moines

• Vernonia School District v. Acton

• Westside Community School v. Mergens

​The second assignment is Lesson 4.2 More Rights of the Accused on Schoology.