Rights of the Accused

Amendments 4-8

A police officer storms into your house and begins going through your stuff without a warrant. What’s wrong with this picture?

Fourth Amendment

• People are protected against unreasonable searches and seizures– Police need warrants to search private property– To get a warrant, you need probable cause• Probable cause – grand jury or judge believes that a

crime has been committed

• http://www.firstcoastnews.com/video/default.aspx?bctid=1198913538001

Imagine you get convicted of murder and you’re sent to prison. Then, you get put on trial again for the same crime. What’s wrong

here?

Fifth Amendment

• Double jeopardy prohibited: you cannot be tried twice for the same offense

• Establishes due process – procedure of law• Protection from self-incrimination – “Plead the fifth”– Do not have to testify if it will get you in trouble

Imagine you’re arrested and put on trial. What things do you need in order to win your case?

Sixth Amendment

• Makes sure that the accused are informed of the crimes they broke and the punishments given

• Right to a speedy, fair trial• The accused can call witnesses to testify on

their behalf• Right to a lawyer

Seventh Amendment

• Right to a trial by jury in civil cases if the value is more than $20

• What are some advantages to having a trial by jury?

After you get convicted of shoplifting, they decide to give you the death penalty. Not only that, but instead of lethal injection, they

decide to shoot you into outer space. What’s wrong here?

Eighth Amendment

• Prohibits:– cruel and unusual punishment. Such as?– Excessive bail. What is bail?– Excessive fines and punishments

• What do you consider to be “cruel and unusual” punishments?

Amendments 9 and 10

• Amendment 9 = there are other rights that Americans have that are not listed in the Constitution

• Amendment 10 = Powers not given to the Constitution are reserved for the states or people. This gives more power to the people and less to the government.