1. Rights of the Accused 5 th Amendment: Pre-Trial 6 th Amendment: At Trial

2. 5 th 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; nor shall any person be subject for the same offence 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. 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 offence 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.

3. #1 Indictment of a Grand Jury Grand Jury Grand Jury 16-23 Members 16-23 Members Role is to determine if there is probable cause to believe that a person has committed a crime and should be charged. Role is to determine if there is probable cause to believe that a person has committed a crime and should be charged. Proceedings are secret Proceedings are secret Defendants and their attorney to not have the right to appear before the jury. Defendants and their attorney to not have the right to appear before the jury. Final outcome is to indict (formally charge) the defendant. Final outcome is to indict (formally charge) the defendant. Trial (Petit) Jury Trial (Petit) Jury 6-12 Members 6-12 Members Role is to decide if the defendant is guilty or not guilty in a criminal case. Role is to decide if the defendant is guilty or not guilty in a criminal case. Trials are open to the public, but deliberations are private. Trials are open to the public, but deliberations are private. Defendants have the right to appear, testify, and call witnesses on their behalf. Defendants have the right to appear, testify, and call witnesses on their behalf. Final outcome is a verdict of guilty or not guilty. Final outcome is a verdict of guilty or not guilty.

4. #2 subject for the same offence to be twice put in jeopardy of life or limb Which means…no double jeopardy Which means…no double jeopardy Once you are found NOT GUILTY, you cannot be tried for that same crime again. Once you are found NOT GUILTY, you cannot be tried for that same crime again. If there is a mistrial (i.e. hung jury), the judge can order a new trial because a verdict has not been reached. If there is a mistrial (i.e. hung jury), the judge can order a new trial because a verdict has not been reached. Federal and state are separate. Federal and state are separate. Criminal and civil trials are separate. Criminal and civil trials are separate.

5. #3 nor shall be compelled in any criminal case to be a witness against himself Protection against self-incrimination. Protection against self-incrimination. “pled the 5 th ” “pled the 5 th ” Cannot force you to testify; burden of proof is on the prosecution, not the defense. Cannot force you to testify; burden of proof is on the prosecution, not the defense. Escobedo v. Illinois Escobedo v. Illinois have the right to have an attorney present at the time of questioning. have the right to have an attorney present at the time of questioning. Miranda v. Arizona Miranda v. Arizona Must be read rights upon questioning. Must be read rights upon questioning.

6. #4 nor be deprived of life, liberty, or property, without due process of law Due process means… fair treatment. Due process means… fair treatment. 5 th Amendment for feds. 5 th Amendment for feds. 14 th Amendment for states. 14 th Amendment for states. Procedural (the criminal process) Procedural (the criminal process) Substantive (the substance/content of the laws themselves) Substantive (the substance/content of the laws themselves)

7. #5 (civil) nor shall private property be taken for public use, without just compensation. Eminent Domain Eminent Domain The “takings clause” The “takings clause” Power is given in the main body of the Const. Power is given in the main body of the Const. Added in the 5 th, “without just compensation.” Added in the 5 th, “without just compensation.” Kelo v. City of New London (2005) Kelo v. City of New London (2005) 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause. 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause. Basically, if a private entity can show the community will enjoy eco. Growth, then the city can take the property and say it’s for public use. Basically, if a private entity can show the community will enjoy eco. Growth, then the city can take the property and say it’s for public use.

8. 6 th Amendment 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 defence. 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 defence.

9. #1 speedy and public trial fair trial v. free press (6 th v. 1 st ) fair trial v. free press (6 th v. 1 st ) Sheppard v. Maxwell Sheppard v. Maxwell Media interfered with the defendant’s right to a fair trial. The jury was unduly influenced by the media’s conduct. Media interfered with the defendant’s right to a fair trial. The jury was unduly influenced by the media’s conduct. Should there be cameras in the courtroom? Should there be cameras in the courtroom?

10. #2 impartial jury of the State and district wherein the crime shall have been committed Petit jury: Petit jury: 6-12 Members 6-12 Members Role is to decide if the defendant is guilty or not guilty in a criminal case. Role is to decide if the defendant is guilty or not guilty in a criminal case. Trials are open to the public, but deliberations are private. Trials are open to the public, but deliberations are private. Defendants have the right to appear, testify, and call witnesses on their behalf. Defendants have the right to appear, testify, and call witnesses on their behalf. Final outcome is a verdict of guilty or not guilty. Final outcome is a verdict of guilty or not guilty.

11. #2 impartial jury of the State and district wherein the crime shall have been committed Change of venue Change of venue Jury Nullification Jury Nullification Jury Duty Jury Duty Who can be called to serve? Who can be called to serve? What are the exemptions and disqualifications? What are the exemptions and disqualifications? What can attorneys use “strikes” for? What can attorneys use “strikes” for?

12. #3 to be informed of the nature and cause of the accusation Right to know the actual charges to you can prepare an adequate defense. Right to know the actual charges to you can prepare an adequate defense. Habeas Corpus can enter here. Habeas Corpus can enter here. Should detainees in the “war on terror” be granted habeas corpus rights? Should detainees in the “war on terror” be granted habeas corpus rights? Case currently before the SCt.—oral arguments were on Dec. 5. Case currently before the SCt.—oral arguments were on Dec. 5.

13. #4 to be confronted with the witnesses against him Def. has the right to question witnesses that will testify against him. Def. has the right to question witnesses that will testify against him. Does this mean face to face? Does this mean face to face? Maryland v. Craig Maryland v. Craig Closed-circuit TV testimony and cross-examination is okay to protect a minor. Does not have to be face-to-face. Closed-circuit TV testimony and cross-examination is okay to protect a minor. Does not have to be face-to-face.

14. #5 to have compulsory process for obtaining witnesses in his favor Def. gets to obtain his own witnesses. Def. gets to obtain his own witnesses. Could be an alibi or a character witness. Could be an alibi or a character witness.

15. #6 to have the Assistance of Counsel for his defence Escobedo v. Illinois (again!) Escobedo v. Illinois (again!) Have a right to an attorney at questioning. Have a right to an attorney at questioning. Gideon v. Wainright Gideon v. Wainright Have a right to an attorney, even if you can’t afford one—one will be appointed to you. Have a right to an attorney, even if you can’t afford one—one will be appointed to you.