The Fifth Amendment 1 Right to a grand

The Fifth Amendment 1. Right to a grand jury indictment in capital crime cases. 2. No double jeopardy 3. No forced self-incrimination 4. Right to Due Process 5. Right of Eminent Domain

Origins of the 5 th Amendment • Magna Carta, the English ‘Great’ Charter granted English barons their personal rights, and established many of the rights of due process.

1. Right to a grand jury indictment in capital crime cases. • To be indicted = to have a hearing that decides if the evidence against you merits a trial. • A capital crime = a serious crime where a person could receive capital punishment.

2. No double jeopardy. • Double jeopardy = tried twice for the same crime.

3. No forced self-incrimination. • Witnesses cannot be forced to testify against themselves.

4. Right of Due Process • Freedom to have a fair trial that respects all our legal rights. • Applies to individuals and corporate entities • For example, people have the right to due process even when they are not in trial.

5. Eminent Domain • Government has the right to seize private property for the public good, as long as they give just compensation. • Just compensation = a fair price • Examples of this: – Highways coming through town. – Building a professional sports stadium (would bring jobs and economic development).

The Sixth Amendment A defendant has the right to: 1. A speedy trial, 2. A public trial, 3. An impartial jury, 4. A trial in the district where the crime was committed

5. Know of the charge against them, 6. Compulsory process (A defendant is allowed to subpoena (call) witnesses in their defense), 7. Confront witnesses against him, 8. And to be represented by a lawyer.

Gideon v. Wainwright • Important 1963 Supreme Court case that established that all people have the right to an attorney at their trial. • Impact: Expanded the need for public defenders in our courts.

Miranda Rights • You have the right to remain silent & the right to an attorney. • Miranda warnings are required whenever a suspect is in custody AND being questioned. • If Miranda Rights are not given in these above circumstances, NO statement can be used in court.

8 th Amendment 1. No cruel and unusual punishment. 2. No excessive fines. 3. No excessive bail.

Are these cruel and unusual punishments? 1. Electrocution 2. Firing squad 3. Crushing 4. Lethal injection 5. Hanging 6. Decapitation 7. Gas chamber. 8. Burning

Furman v. Georgia (1972) One night a 26 year old man named Furman attempted to burglarize a house. When the owner of the house awake, Furman tried to flee. According to witness accounts, Furman dropped his gun, which went off accidently. As it hit the ground , it fired and killed the home owner. At his trial Furman was found guilty of murder and received the death penalty. Cruel and Unusual punishment?

Lockett v. Ohio (1978) Sandra Lockett helped plan the robbery of a pawnshop. As she waited in the escape car, the shop owner was killed by on e of the robbers. Though Lockett had not planned this to happen, Ohio law is clear. Anyone participating in a crime resulting in the death of an innocent victim must receive the death penalty. Lockett was sentenced to death. Cruel and Unusual punishment?

Rummel v. Estelle (1980) Rummel was convicted three times of relatively petty, nonviolent crimes. A state law required a life sentence without parole for any three time offender. Rummel was sentenced to life imprisonment without parole after the third offense. Cruel and Unusual punishment?

Rhodes v. Chapman (1981) Rhodes was sentenced to a state maximum security prison and placed in a cell with another inmate. The cell was designed to hold only one inmate. The cell was 6 feet by 10 feet. Rhodes claimed this was cruel and unusual punishment. Cruel and Unusual punishment?

Solem v. Helm (1983) Helm had been convicted of 6 nonviolent crimes in the past. In 1979 he passed a phony check. Ordinarily the maximum sentence for this crime was 5 years in prison. However because of his past criminal record, he was given a mandatory life sentence with no possibility of parole. Cruel and Unusual punishment?

The 8 th Amendment Rule • The Supreme Court defines cruel and unusual punishment as a sentence that “shocks the conscience of the court. ” • Dependent on the changing values of our society, a constantly changing measure.

Warm-Up 1. What happens when someone can’t pay their bail? 2. How does the phrase “excessive bail” or “excessive fines” change according to your income level? (I. e. if you have an allowance of 4 dollars and someone else receives 20 dollars per week – how would your definition of excessive change? )

Who do the criminal amendments protect?