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5th/6th/7th Amendments (Due Process)

5th/6th/7th Amendments (Due Process). By: Sam A Chris Koo Ethan Ng Paul Novak. 5th Amendment. No Double Jeopardy No Self-incrimination (Miranda Rights) Protection of rights by due process. 6th Amendment. Notice of accusation Confrontation Compulsory process

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5th/6th/7th Amendments (Due Process)

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  1. 5th/6th/7th Amendments (Due Process) By: Sam A Chris Koo Ethan Ng Paul Novak

  2. 5th Amendment • No Double Jeopardy • No Self-incrimination (Miranda Rights) • Protection of rights by due process

  3. 6th Amendment • Notice of accusation • Confrontation • Compulsory process • Assistance of counsel

  4. 7th Amendment • Only applies to civil cases • Trial by jury shall be preserved • No reexamination of facts

  5. Why were they created?

  6. For greater constitutional protection for individual liberties • Place limits on the government • People suffered from English Monarch • Representatives don’t want strong government • Protection and fairness were desired • In reality, the reason was different

  7. Why controversial now? • No problem since Justice Marshall • Addition of 14th Amendment • Bill of Rights apply to states • Time of dispute

  8. What is Due Process of Law? “ States must respect all legal rights”

  9. Rape Case

  10. Powell v. Alabama (1932) • Nine teenagers are found guilty of rape • They weren’t given sufficient time • Right to counsel was denied • Such action is violation of 14th

  11. Murder Case

  12. Palko v. Connecticut (1937) • Palko killed an officer in robbery • Charged with second-degree murder • Prosecutor appealed, forgot some procedure • In second trial, first-degree murder charged • Double jeopardy wasn’t applied • Error was in the first trial

  13. Breaking and Entering

  14. Gideon v. Wainwright (1963) • Gideon(50) committed misdemeanor crime in Florida • Florida denied his right to counsel • Needed to be a capital offense • Taken to the Supreme Court • Right to counsel is Fundamental right

  15. Murder Case II

  16. Escobedo v. Illinois (1964) • Escobedo was suspected of murder • He knew his rights, but denied • Police didn’t allow his attorney to speak to him • He was interrogated and forced confessions • His right was violated • Evidences are not legal

  17. Rape Case II

  18. Miranda v. Arizona (1966) • Miranda was arrested and tortured • Through interrogation police forced written confession • He wasn’t notified of his rights • Creation of “Miranda Rights”

  19. Police 101 : Make sure they know their Miranda RIghts

  20. Prank Call

  21. In re Gault (1967) • Gault made an obscene phone call • Arrested, parents not notified • Arizona Law allowed some loopholes • Due Process was not followed • 6th and 14th Amendments not followed

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