4th 5th and 6th AmendmentsBy:

YOGI PATELCOLE DAURIZIO

JASON TRANSTEPHANIE SCHRADER

Nichelle AndersonAtia Harris

Kathy CooperLucas Pincione

Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What are they?

Amendment V: 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 offense 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.

What are they?

Amendment VI: 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.

What are they?

All of these amendments deal with incrimination and justice

Amendment 4 prevents incrimination

Amendment 5 protects those being accused

Amendment 6 protects those already accused

Relations

King George created broad search warrants allowing the British to search anyone’s property without reason or notice

Not favored by the founding fathers

Why was the 4th Amendment created?

Man’s home was searched without a warrant because he was a bombing suspect

Illegal paraphernalia was found on his property

Evidence could not be used

Mapp v. Ohio (1961)

Man was stopped and frisked

Police officers with reasonable suspicion are allowed to search people

Terry v. Ohio (1968)

A person charged with a capital crime may only be charged by an indictment issued by a grand jury

Prevents double jeopardy Prevents self incrimination Due Process (Magna Carta) Just compensation

Why was the 5th Amendment created?

Man was charged with kidnapping, rape, and robbery

He wasn’t informed with his rights Confessed during an interrogation No counsel present at interrogation Prosecution based solely on his

confession Appealed to Supreme Court and

won, introduced Miranda Rights

Miranda v. Arizona (1966)

To combat what the founding fathers thought were an unfair treatments by British law.

Speedy Trial avoids long lengths of incarceration

Public Trials make sure that the accused are treated fairly.

Juries make sure the fate of the person is not in the hands of one person

Why was the 6th Amendment created?

Confrontation allows the accused bring the witnesses against them into court

Compulsory process allows the defendant to bring in witnesses to aid them

Right to counsel gives the accused a lawyer

Why was the 6th Amendment created?

Precedent for speedy trial: How long is the delay? Reasons for the delay Has the defendant

asserted his right? Degree of harm to the

defendant

Barker v. Wingo (1972)