Crime Scene Processing 5th & 6th Amendments

5th Amendment 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….;

Double Indemnity clause ….nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…..,

Right to Remain Silent ….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… https://www.youtube.com/watch?v=E-pMpEd372o

Miranda Rights “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights and Warnings https://www.youtube.com/watc h?v=ICifhjRnDvg

Miranda Rights If public safety is an issue, questions may be asked without the defendant being Mirandized, and any evidence obtained may be used against the suspect under these circumstances.

Due process …..nor be deprived of life, liberty, or property, without due process of law…

Compensation …nor shall private property be taken for public use, without just compensation.

6th Amendment https://www.youtube.com/watc h?v=SVsAw1giTek

Sixth Amendment requires right to confront forensic examiners at trial Melendez-Diaz v. Massachusetts At Melendez-Diaz’s state court drug trial, the prosecutor introduced certificates of statements of state laboratory analysts detailing that material seized by police and connected to petitioner was cocaine. Pursuant to Massachusetts law, such certificates were admissible at trial without the actual appearance and live testimony of the analyst as long as the certificate was sworn to before a notary public. Melendez-Diaz objected to their admission, arguing that a prior U.S. Supreme Court decision (Crawford v. Washington, 541 U.S. 36) required the analyst to testify in person. The trial court disagreed, the certificates were admitted, and he was convicted. In a 5-4 decision, the U.S. Supreme Court held that such use of sworn certificates at trial violated Melendez-Diaz’s Sixth Amendment right to confront the witnesses against him.

6th Amendment & Expert CSI Witness They may be called on to be expert witnesses or hired as consultants to contribute specialized knowledge and advice on scientific or technical issues. Forensic experts may be subpoenaed or appointed by the court to assist the judge or jury in a criminal or civil case, to help an indigent criminal defendant, or to provide a third opinion on information and evidence previously reviewed by the prosecution and defense experts.

6th Amendment Analysis

Kansas Senate Bill 104 (currently slated to vote) ….would limit the right of defendants to appear in court, instead their appearance would be through video conferencing. Those in support of this legislation say that this would decrease transportation costs for the government. 

Confrontation Clause …but according to the Sixth Amendment to the U.S. Constitution-  defendants are guaranteed the right “to be confronted with the witnesses against him”. Therefore it would be illegal to use videoconferencing for the prosecution’s witness, but still ethical to allow its use for the testimony of defense witnesses.

Crash Course of 5th & 6th Amendment https://www.youtube.com/watc h?v=UyHWRXAAgmQ