Download - 13 the 5th thru 8th amendments
Unit I Lesson 13
The 5th Thru 8th Amendments
Essential Question:
• Why is it important to explicitly
state rights like those found in
the Bill of Rights?
• What constitutional
amendments address the rights
of the accused and how have
they been interpreted by the
U.S. Supreme Court?
Amendments
“Five”
“First”
“Freedoms”
“Probable
Cause”
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 offense 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
The 5th Amendment
(Charged w/ a Crime)
“Indicted”
Grand Jury
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 offense 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
The 5th Amendment
(Charged w/ a Crime)
Try to…
“Indicate”
“Grand Jury”
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 offense 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
The 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; nor shall any person be subject for the
same offense 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
The 5th Amendment
“Eminent Domain
Abuses”
ABUSES
Eminent
Domain
“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 offense 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
The 5th Amendment
Due Process Life
Liberty
Property
“Due Process” – The steps the government must take before it can punish
an individual or take his or her property (ex. tell them what they’re charged
with, provided them an attorney, give them a public trial, etc.); the
government has to treat everyone FAIRLY in legal proceedings
…nor be deprived
of life, liberty, or
property, without
due process of law
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 defense
The 6th Amendment
Due Process Criminal Cases
In Suits of common law, where the value in
controversy shall exceed twenty dollars, the right
of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in
any Court of the United States, than according to
the rules of the common law
The 7th Amendment
Common
Law
C
R
I
M
I
N
A
L
1. 2.C
I
V
I
L
AKA
“Common
Law”
In Suits of common law, where the value in
controversy shall exceed twenty dollars, the right
of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in
any Court of the United States, than according to
the rules of the common law
The 7th Amendment
Common
Law
The 7th Amendment
Civil CasesTrial by Jury
The
Opposite
of…
The 7th Amendment
Trial by Jury
“Bench Trial”
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted
The 8th Amendment
1 2
Excessive Fines
Excessive Bail
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual
punishments inflicted
The 8th Amendment 3
Needless Suffering
“Capital Punishment”
(The Death Penalty)
“Cruel and Unusual
Punishment”
Cruel and
Unusual Judicial Branch
Federalism
All of the following are guaranteed under the Fifth Amendment EXCEPT:
A. A person cannot be tried for the same crime twice
B. The accused cannot be made to serve as a witness against himself
C. Property may not be taken without due process and fair compensation
D. The court cannot impose excessive fines or excessive bail
Which principle protects citizens from being
punished twice for the same crime?
A. Double Jeopardy
B. Self-Incrimination
C. Habeas Corpus
D. Due Process
The doctrine of “cruel and unusual
punishment” has been used both to uphold
decisions of lower courts and to strike down
decisions in cases involving:
A. Abortion
B. Miranda Rights
C. Capital Punishment
D. The Right to Counsel
http://www.comedycentral.com/video-
clips/3vk26x/chappelle-s-show-tron-carter-
s-law---order