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5th/6th/7th Amendments (Due Process) By: Sam A Chris Koo Ethan Ng Paul Novak.

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Presentation on theme: "5th/6th/7th Amendments (Due Process) By: Sam A Chris Koo Ethan Ng Paul Novak."— Presentation transcript:

1 5th/6th/7th Amendments (Due Process) By: Sam A Chris Koo Ethan Ng Paul Novak

2 5th Amendment ●No Double Jeopardy ●No Self-incrimination (Miranda Rights) ●Protection of rights by due process

3 6th Amendment ●Notice of accusation ●Confrontation ●Compulsory process ●Assistance of counsel

4 7th Amendment ●Only applies to civil cases ●Trial by jury shall be preserved ●No reexamination of facts

5 Why were they created?

6 ●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

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

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

9 Rape Case

10 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

11 Murder Case

12 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

13 Breaking and Entering

14 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

15 Murder Case II

16 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

17 Rape Case II

18 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”

19 Police 101 : Make sure they know their Miranda RIghts

20 Prank Call

21 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


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