AMENDMENTS U S Bill Of Rights Criminal Justice

AMENDMENTS U. S. Bill Of Rights

Criminal Justice Amendments n 4 Th Amendment- right to be secure in person, houses, papers and effects against unreasonable searches and seizures, warrants are issued upon probable cause n 5 th Amendment – protection of the criminally accused - right to grand jury - right not to be a witness against yourself - no double jeopardy- can’t be tried twice for the same crime - Guarantees due process of law –procedural fairness

Miranda warning The Miranda warning, which can also be referred to as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings 1) You have the right to remain silent. 2) Anything you say may be used against you in court. 3) You have the right to an attorney 4) If you cannot afford an attorney, one will be appointed for you… QUESTION: Do you understand these rights as I read them to you?

n 6 th Amendment –rights of the crimanally accused- speedy trial - impartial jury chosen from state and district where crime is committed - informed of crime at arraignment - assistance of counsel

Questions Related to Miranda v. Arizona What rights of the accused do the Fifth and Sixth amendments protect? 2) If the police had informed Ernesto Miranda of these rights, do you think he might have done anything differently? 3) According to the reading what is the role of the police in protecting the rights of the accused, guaranteed by the 5 th and 6 th amendments of the Constitution? 4) Do the police have an obligation to ensure that the accused person is aware of these rights before they question the person? 1)

n 6 th Amendment –rights of the crimanally accused- speedy trial - impartial jury chosen from state and district where crime is committed - informed of crime at arraignment - assistance of counsel 7 th Amendment- guarantees trial by jury in cases that involve more than $20. 8 th Amendment- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment

FEDERALISM n The division of power between the state and the federal government

Where are the Laws Made? n There are three areas where laws are made: 1) Legislative Branch 2) Government Agencies 3) Courts

Made in Legislatures Powers of the constitution A) US Legislature – made up of two Houses n 1) Senate (100 members) 2) House of Representatives (435 Members) ***Pass laws that bind every person in every state***

b) State Legislature – made up of two houses ***pass laws that apply only within their boundaries *** c) Local Legislature. County- County Executive (S Levy) Town – Town Supervisor

What is Law? LAW- rules and regulations made and enforced by government that regulate the conduct of people within a society. • Laws reflect and promote a society’s values, our legal system is influenced by society’s ideas of right and wrong. WHY HAVE LAWS: we expect our legal system to: n Protect basic human rights n Promote fairness n Help resolve conflicts n Promote order and stability n Promote desirable social and economic behavior n Represent the will of the majority. n Protect the rights of minors