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

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