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The 5th 6th and 7th Amendments Zone

The 5th 6th and 7th Amendments Zone. Andrew Kwak..……….Mehek Desai Lena Gavenas………….Sharon Bae Benny Feldmann……..Mariela Carrillo. Historical Background. 5th Amendment. One cannot be…. tried without evidence for serious crime. “deprived of life, liberty, or property.”

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The 5th 6th and 7th Amendments Zone

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  1. The 5th 6th and 7th Amendments Zone Andrew Kwak..……….Mehek Desai Lena Gavenas………….Sharon Bae Benny Feldmann……..Mariela Carrillo

  2. Historical Background

  3. 5th Amendment One cannot be…. • tried without evidence for serious crime. • “deprived of life, liberty, or property.” • compelled to be witness against oneself. • tried twice for the same crime. • deprived of property without “just compensation.”

  4. 5th Amendment Terms • Double Jeopardy • Due Process • Self-Incrimination • Just Compensation and Eminent Domain

  5. 6th Amendment Right of a defendant to… • A speedy and public trial. • Know what they’re being accused of. • Confront their accuser. • Get witnesses in their favor. • An attorney to assist their defense.

  6. 7th Amendment Establishes that… • Jury trial guaranteed in federal courts • Value of controversy shall exceed $20 • No facts reexamined by other courts

  7. Powell v. Alabama (1931) • Implied right to legal counsel. • Held states to due process clause. • First time the federal gov’t reversed a state criminal decision for a violation of the fed bill of rights.

  8. Palko v. Connecticut (1937) • Held that Due Process Clauseprotected fundamentalrights • Protection against double jeopardy is not a fundamental right • Later overruled in Brenton v. Maryland

  9. Gideon v. Wainwright (1963) • Right to counsel is fundamental right • Required courts to appoint attorneysto defendants unable to affordor retain one on their own • Praised previous ruling in Powell V Alabama • Overruled Betts V Brady

  10. Escobedo Vs. Illinois (1964) • Criminal suspects have right to counselduring interrogations • Arrestees must be made aware of their rights • Statements void if rights not given • Lost precedence to Miranda v. Arizona

  11. Miranda Vs. Arizona (1966) • Precedent: Miranda Warning • Rights against self-incrimination. • Right to remain silent. • Right to speak to your attorney. • Right to government-paid attorney. • Do you understand?

  12. Miranda Rights (video) https://www.youtube.com/watch?v=Pt53LcIEihI

  13. In re Gault (1967) • obscene phone call • parents not told about arrest • parents did not see petition for two months after it was filed • No trials were to be held

  14. In re Gault (1967) Precedent: Court proceeding for juveniles have to comply with the 14th Amendment, too.

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