U N I T 5

AMERICANGOVERNMENT

LESSON 32233-240

How do the 5th, 6th, and 8th Amendments protect the rights within the judicial system.

• Objective: Explain the 5th and6th Amendment guarantees regarding indictments, double jeopardy, and due process of law. You should be able to identify the rights protected by the 6th Amendment, particularly the right to counsel.

Why is procedural justice important?

• Fundamental premise of our criminal justice system: innocent until proven guilty.

• Procedural rules are meant to protect the innocent.

• Commitment to the rights of each individual and to the rule of law is exhibited in the ideas of procedural justice.

How do the 5th and 6th and 8th Amendments protect an individual’s rights before trial?

• Criminal defendants must decide whether to enter into a plea agreement or to proceed to trial.

• Indictment- a formal statement of charges, so that the defendant knows how to prepare a defense.

• What crime prosecutors will charge you with.

• Indictments limit the range of evidence that the government may present at trial.

How do the 5th and 6th and 8th Amendments protect an individual’s rights before trial?

• Grand Jury- issues an indictment in a federal case. A special panel of jurors who listen to the evidence the prosecutors have obtained an decide whether the government has a strong enough case to proceed to trail.

• States can also use preliminary hearings in lieu of a grand jury. • Judge, not jurors, decide if the government has enough

evidence to issue formal charges.

How do the 5th and 6th and 8th Amendments protect an individual’s rights before trial?

• Bail- allows the defendant to be released, prepare their defense and avoids punishing innocent suspects. Amount of money the defendant must deposit with the court.

• Counsel- 6th Amendment guarantees criminal defendants assistance of counsel for their defense. • Lawyer present during police interrogation• While preparing for trial• During the trial

How do the 5th and 6th and 8th Amendments protect an individual’s rights before trial?

• Gideon v. Wainwright (1963)- states must provide defendants with lawyers if they can’t afford it.

• Adversary system- impartial 3rd party.

How are the rights of criminal defendants protected during trial?

• 1. Speedy, public trial:

• Contributes to procedural fairness by diminishing the possibility that evidence will disappear and that witnesses’ memories will fade.

• Judge can close the trial or kick out reporters or cameras if the judge feels the defendant is not getting a fair trial.

How are the rights of criminal defendants protected during trial?

• 2. Right to Counsel:• Defendant can waive his right to counsel

• 3. Compulsory Process and Confrontation:• See your accuser• Witnesses are subject to cross-examination

How are the rights of criminal defendants protected during trial?

• 4. Impartial jury:• In the state and district that the alleged crime was

committed.

• Trust in the average citizen to hear evidence and make a decision about guilt or innocence

How are the rights of criminal defendants protected during trial?

• Jury trials: not required for petty offenses– maximum penalty for conviction is 6 months or less in jail.

• 12 member juries: • Tradition, not requirement

• “large enough to provide a cross section of the community and to encourage group deliberation”

How are the rights of criminal defendants protected during trial?

• Capital cases- must be a unanimous decision by the jury.

• Qualified to serve of jury: • Registered voters• Representative of a cross section of the community

How do the 5th and 8th Amendments protect criminal defendants after trial?

• No double jeopardy. • No excessive fines. • No cruel and unusual punishment.

What is capital punishment and why is it controversial?

• States are not required to have the death penalty.

• Rape cases- unconstitutional • Convicted younger than 18- unconstitutional.