Amendments 5-10 A Federal Felony case
The leftovers 9th Amendment: the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people (remember this???)
The arrest Self-incrimination: you have the right to remain silent… use it! Right to counsel: You have a right to legal representation… a lawyer.
The indictment Indictment: a formal accusation of a federal crime Due process: a right to contest an accusation Speedy trial: you may not be held without being charged Public trial: peers who are not involved with the trial Grand jury: 16-23 people who decide if there is enough evidence against you that you may have possibly committed the crime.
The arraignment Arraignment: Charges formally brought against you, and you enter a plea Nature of the charge: The formal charge and classification Confront the accuser: You may see who has brought the charges against you
The trial Investigation Jury selection: Jury must be impartial and must be of your peers Arguments: Self-incrimination (again) Verdict: No cruel/unusual punishment
8th amendment But what is Cruel and unusual punishment? You even have rights after conviction of a federal felony. any punishment that is clearly inhumane or that violates basic human dignity
appeals No double jeopardy: You may not be tried for the same crime more than once. Is this just a “get-out-of-jail-free” card?