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Criminal Justice & The Constitution. The 5 th Amendment The 6 th Amendment The 14 th Amendment. Text of the 5 th Amendment.
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Criminal Justice & The Constitution The 5th Amendment The 6th Amendment The 14th Amendment
Text of the 5th Amendment • “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 5th Amendment • Protects against abuse of government authority in a legal or CJ procedure. • Stems from ideas about British “common law” contained in the Magna Carta (1215), includes terms “due process” and “grand jury.”
The 5th Amendment • Double Jeopardy: an acquitted defendant may not be tried twice for the same offense • Self-Incrimination: a defendant may not be forced to incriminate themselves. • Custodial Interrogation: limits evidence obtained illegally (such as from torture). • Due Process: binds The State to various restrictions regarding CJ Process.
Let’s Assert Our 5th Amendment Rights! It works for corporations!
Text of the 6th Amendment • “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 defense."
The 6th Amendment • Speedy Trial: a delay of over one year, while not strictly delineated, is considered “prejudicial,” and so unfair. • Public Trial: trials shall take place publicly unless this will harm either the proceedings or the defendant. • Impartial Jury: trials must be decided by citizens not known to the defendant or issue.
The 6th Amendment • Notice of Accusation: defendant has right to know the nature of their offense. • Confrontation: defendant has right to cross-examine the prosecution’s witness. • Counsel: defendant has the right to be represented by an attorney or to represent themselves.
“He who is his own lawyer has a fool for a client.” – Legal Proverb
Text of the 14th Amendment • “Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The 14th Amendment • Citizenship Clause: provides a broad definition of citizenship that overruled the decision in Dred Scott v. Sandford (1857) which held that blacks could not be citizens of the United States. • Due Process Clause: prohibits state and local governments from depriving persons (individual and corporate) of life, liberty, or property without certain steps being taken.
The 14th Amendment • Equal Protection Clause: equires each state to provide equal protection under the law to all people within its jurisdiction. • This clause later became the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in the U.S.
