(UG)U5: 32 How Do the Fifth, Sixth, and Eighth Amendments Protect Rights Within the Judicial System?

3.Explain the terms indictment, grand jury, Information , bail, double jeopardy, and plea agreement

indictment - a formal charge or accusation of a serious crime grand jury - a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial. Information - a formal criminal charge lodged with a court or magistrate by a prosecutor without the aid of a grand jury bail - the temporary release of an accused person awaiting trial double jeopardy - the prosecution of a person twice for the same offense. plea agreement - an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty

4. Why is it important for criminal defendants to have rights before, during, and after trial?

- Because the Fifth and Sixth Amendments give criminal defendants the rights - Because juries were processed by human, and human make mistakes...

5. What limitations has the Supreme Court placed on states that use the death penalty.

- only on murder or other serious crimes - it's unconstitutional if using the death penalty on a criminal who is younger than 18

cruel and unusual punishment

A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society. The Eighth Amendment prohibits such punishments.

indictment

A formal charge by a grand jury accusing a person of having committed a crime.

grad jury

A panel of jurors designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to warrant trial.

bail

Money or other security given to obtain an arrested person's release from legal custody, which is forfeited if the individual subsequently fails to appear before the court for trial.

right to counsel

Part of the right to a fair trial, allowing for the defendant to be assisted by an attorney, and if the defendant cannot afford counsel, requiring that the state appoint an attorney or pay the defendant's legal fees.

plea agreement

Pleading guilty to a lesser crime than that charged by a prosecutor.

2. What is the right to counsel? Why is it important?

Sixth Amendment guarantees criminal defendants the assistance of counsel for their defense - The right of counsel includes having a lawyer present during police interrogation, while preparing for trail, and during the trial. It is important because American uses adversary court systems, therefore, a good lawyer will able to help its client find more evidences in the court.

double jeopardy

The provision in the Fifth Amendment to the U.S. Constitution that a person may not be tried twice for the same crime.

capital punishment

The use of the death penalty by a judicial system.