Due Process of Law. 5th, 6th and & 7th amendments

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1 Due Process of Law 5th, 6th and & 7th amendments

2 Miranda v. Arizona (1966) Ernesto Miranda was arrested in his home and brought to the police station where he was questioned After 2 hours he signed a confession, and was later convicted of kidnapping and rape

3 Miranda v. Arizona (1966) The officers admitted to not making him aware of his rights against self incrimination On appeal, the Supreme Court of Arizona affirmed and held that Miranda s constitutional rights were not violated because he did not specifically request counsel

4 Miranda v. Arizona (1966) The case was later brought to the Supreme Court of the US and they overturned both of the rulings This set precedent for almost all rights cases to come and the Miranda Rights must now be dictated to the arrested

5 Escobedo v. Illinois (1964) Escobedo was interrogated for over 14 hours after his arrest without access to legal help. He indirectly admitted to the murder. The Illinois police department maintained that due process should not be applied. Danny Escobedo was not formally arrested for the crime The interrogation took place en route to the police station.

6 Escobedo v. Illinois (1964) The Supreme Court ruled in Escobedo s favor. They stated that the interrogation process that Escobedo was placed under was biased and subjective. The police department targeted Escobedo like he was the murderer and not as a suspect or a witness to the incident. He was not awarded his 5th and 6th amendment rights

7 In re Gault (1967) Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested Gault was tried and committed to the State Industrial School until he reached the age of 21

8 In re Gault (1967) Gault and his parents appealed to the Supreme Court It was found that the police and prosecution denied Gault many of his rights Supreme Court overturned Gault s ruling Set the precedent that minors must be awarded the same rights as adults

9 Gideon v. Wainwright (1963) Clarence Gideon Found guilty of a felony Denied a lawyer because it was not a capital case Appealed the decision to the Florida Supreme Court Denied again b/c of Florida state law

10 Gideon v. Wainwright (1963) Finally appealed to the SCOTUS Overturned the decision The STATES must respect the right to a lawyer completely. States do not get a watered down version of the Bill of Rights

11 Gideon v. Wainwright (1963) Precedent: Right to an attorney in all legal cases where imprisonment might occur Exceptions for children, some child custody cases, and for the developmentally disabled

12 Powell v. Alabama (1932) 9 men were accused of raping 2 women on a train in Alabama The case was settled in one day and the accused were sentenced to death

13 Powell v. Alabama (1932) The men were not notified of their rights to hire a lawyer or to contact their families Attorneys of the case did little to nothing to support their clients, barely even consulting them about the case.

14 Powell v. Alabama (1932) The higher court held that these trials had violated the Due Process Clause of the 14th Amendment due to the lack of time and proper preparation offered to the accused (the right-to-counsel of the sixth amendment is implied.) This case was one of the first that helped pave the way for protection in the criminal justice system.

15 Palko v. Connecticut (1937) Frank Palko was charged with first-degree murder Jury convicted him of second-degree murder

16 Palko v. Connecticut (1937) Connecticut appealed to Connecticut Supreme Court of Errors, which overturned the ruling, charged Palka with first-degree murder and sentenced him to death Palka appealed to the Supreme Court under the Fourteenth Amendments double jeopardy inclusion

17 Palko V. Connecticut (1937) Supreme Court said double jeopardy does not apply to states Palka was executed by electric chair

18 5th Amendment No person shall be held to answer for a crime without indictment by a Grand Jury No person shall be subject to trial for the same crime twice No person shall be compelled to be a witness against himself Private property cannot be taken for public use, without just compensation No person shall be deprived of life, liberty, or property, without due process of law

19 6th Amendment The accused shall enjoy the right to a speedy and public trial The accused have the right to an impartial jury The accused have the right to be confronted with the witnesses against them The accused have have the right to obtain witnesses in their favor The accused have the right to the Assistance of Counsel for their defence

20 7th Amendment In Suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury shall be preserved 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

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