10.3 Due Process Rights

While the First Amendment protects your right to speak freely, the _____ protects your right to stay quiet.

Fifth Amendment

8th amendment

States can pursue their own policies regarding capital punishment. In Furman v. Georgia, the court warned the states that the death penalty was to be carried out in a fair and consistent manner. Excessive bail should not be required nor excessive fines be imposed.

The _____ provides protection against unreasonable search or seizure.

The Fourth Amendment

The Sixth Amendment guarantees the right to have _____.

a trial by an impartial jury Correct! the services of a lawyer

Double jeopardy is when the state tries a person for a crime, loses its case and then decides to try appeal it in the higher court.

false

The Fifth Amendment states that no person should be subjected to double jeopardy or self-incriminatory acts.

true

Individuals who are accused of a crime are _____.

innocent until proven guilty

The Eighth Amendment provides protection against _____.

self-incrimination

The purpose of _____ is to deny the national government the authority to make general searches and seizures of property.

4th amendment

_____ protects people from actions of the federal government, and the 14th protects them from actions by state and local governments.

5th amendment

_____ means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.

Due process

_____ are a collection of procedural guarantees built into the process of a criminal procedure.

Due process rights

The _____ cover the rights of all Americans facing criminal accusations before or during a criminal proceeding.

Fourth, Fifth, Sixth, and Eighth Amendments

6th Amendment

In Gideon v. Wainwright, the court ensured that the accused has the right to counsel in state as well as federal courts. The accused has the right to a speedy and public trial. It guarantees that an individual accused of a crime has the right "to have the assistance of counsel for his defense."

5th Amendment

It grants the right to a defendant to refrain from testifying against himself or herself. It forbids double jeopardy or the act of bringing a person to trial a second time for the same crime. The most famous modern interpretation of this provision is the right to remain silent.

Miranda v. Arizona and Roe v. Wade are two cases that helped define how agents of the state, such as law enforcement and judicial officers must act in order to not infringe on people's liberties.

false

The Fourteenth Amendment states that the state, not the federal government, has sole control of how it treats its own citizens including how due process of law is carried out.

false

The Just Compensation clause states that, if the state takes away your property for public purposes, you must be give it freely and not complain.

false

When it comes to due process, the Eighth Amendment of the Constitution states that "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.

false

Over the years, the Supreme Court has interpreted the 4th Amendment to allow the police to search the person arrested, things in plain view of the accused person, places or things of "immediate control" by the arrested person, and _____.

property where is strong suspicion that a person could be in immediate danger

No _____ shall be issued without probable cause, supported by an oath or affirmation, and a description of the place to be searched, and the persons or things to be seized.

search warrants

The Fifth Amendment provides protection against _____ or the act of implicating yourself of committing a crime or illegal act.

self-incrimination

A protection against self-incrimination means that you cannot be compelled to be a witness against yourself.

true

If the police take you into custody or just want to ask you a few questions, you should ask them if you are under arrest, and if they say "No", you can walk away from them.

true

If there is a mistrial in your case and, as a result, you are neither convicted nor acquitted, the state can bring you to trial again.

true

If you are charged with a crime, you are entitled to a grand jury that must look at the evidence and decide that there is enough to bring you to trial.

true

Substantive due process is the blanket prohibition on government infringing on fundamental liberties.

true

The Miranda Law states that any person who gets arrested has the right to remain silent, and that anything he says may be used against him in a court of law.

true

The Sixth Amendment states that, 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.

true

Under the procedural due process doctrine, the court looks at whether the government acted properly in applying its power.

true