JOURNAL • How do we know that trials in a court of law are fair?? How do we know that they are not corrupt or that they favor one person over another?
5th and 6th Amendments Ensuring Fair Trials
Standards & Objectives • 1.5: Students know the fundamental democratic principles that are a part of our government • Content: Identify protections of the 5th and 6th Amendments • Language: Practice reading comprehension skills by analyzing a Supreme Court decision (in re Gault) • Essential Question: How does the constitution balance individual rights/freedoms with the common good?
What’s your response? • Does what happened to John seem fair? Why? • If you were John, what would you want to happen? • If you think it’s unfair, where does the sense of unfairness come from? Do you know of a rule or law that protects someone like John?
FIFTH AMENDMENT • “No person … shall be compelled, in any criminal case, to be a witness against himself. “ • ….What does this mean, in common language?
SIXTH AMENDMENT • “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, … 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.”
Lets Break It Down • 5th • No self-incrimination: “I plead the fifth!” • 6th • Speedy, public trial • Know what you’re charged with • Know who witnesses against you are, and get your own witnesses • Right to an attorney