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 ● Assistance of counsel

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

Why were they created?

● 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

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

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

Rape Case

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

Murder Case

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

Breaking and Entering

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

Murder Case II

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

Rape Case II

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”

Police 101 : Make sure they know their Miranda RIghts

Prank Call

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