3.5 - Rights of the Accused

​Rights of the Accused:
Amendments 5-8

By Scott Patrick

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.

​The Fifth Amendment

The fair treatment of individuals through the legal system.

What must happen before the government takes away your freedom(s)?

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Due Process

Felony offenses in federal court must be charged by grand jury indictment

A grand jury = panel of citizens that hears evidence and decides if an “indictment” (formal criminal charges) should be filed

Grand Jury Clause

Open Ended

11. Sol Wachtler, Chief Judge for the New York State of Appeals, famously said that because prosecutors control what information a grand jury hears, they could get grand juries to "indict a ham sandwich." What did he mean by that? Answer in 2-3 complete sentences.

... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ...

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Double Jeopardy

Open Ended

12. In law, it is said that the government gets "one bite at the apple." What does this mean in the context of double jeopardy? Answer in 2-3 complete sentences.

The Fifth Amendment protects individuals from being forced to incriminate themselves

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Self-incrimination is defined as exposing oneself (or another person) to "an accusation or charge of crime"

Self-Incrimination

​-Timely and public trial
​-Impartial jury of peers
​-Can call witnesses
​-Assistance of counsel (criminal attorney)

Right to a speedy trial

Open Ended

14. Why was the right to a speedy trial a concern of the founders of the United States? What was the old European approach to crime and punishment? Answer in 2-3 complete sentences.

The reality of U.S. society has been that African Americans and other ethnic minorities are rarely tried by a truly impartial jury of their peers, as this scene from "To Kill a Mockingbird (1962)" shows"

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"Impartial Jury" of Peers

Open Ended

15. Who gets to decide how long it takes to hold a "speedy" trial? Who decides whether a jury is truly "impartial?" How is this a problem? Answer in 2-3 complete sentences.

Gideon v. Wainwright (1963)

• Gideon was charged with breaking into a pool hall in Florida.

• He asked the judge to appoint a lawyer
  because he could not afford one.

• The judge refused, citing Florida law,
  which only required appointed counsel in
  death penalty cases.

• Gideon was forced to represent himself at trial.

• He was found guilty and sentenced to five years in prison.

• Gideon wrote a petition to the U.S. Supreme Court that his Sixth Amendment right to an attorney had been violated.

Multiple Choice

16. The main constitutional question in Gideon v. Wainwright was:

• Does the Fourth Amendment protect against illegal searches?

• Does the right to an attorney apply in state courts for felony cases?

• Does the Eighth Amendment prohibit the death penalty?

• Does the Fifth Amendment protect against self-incrimination?

Open Ended

17. Why should the government provide people accused of crimes with a legal defense? How does this benefit the government? Answer in 2-3 complete sentences.

Multiple Choice

26. Police can lie to you during an interrogation in an effort to get you to confess to a crime, including saying they have evidence they do not really have.

• True

• False

Deceptive Interrogations

• Police deception in interrogations is routine in the U.S.

• Most interrogations follow the Reid Technique

• The Reid Technique prioritizes confessions over fact-finding

• Deception and psychological manipulation are core components of this interrogation approach.

IF ARRESTED, DO NOT TALK TO THE POLICE.

ASK FOR A LAWYER.

ONLY TALK TO YOUR LAWYER.