Chapter 4.2Chapter 4.2Other Guarantees in the Bill of Other Guarantees in the Bill of

RightsRights

Protecting the Rights of the Protecting the Rights of the AccusedAccused

► The 4The 4thth, 5, 5thth, 6, 6thth and 8 and 8thth Amendments protect Amendments protect the rights of accused people.the rights of accused people.

► The 4The 4thth Amendment protects against Amendment protects against unreasonable searches and seizures. If unreasonable searches and seizures. If police believe you have committed a crime, police believe you have committed a crime, they can ask a judge for a they can ask a judge for a search warrantsearch warrant – a court order allowing law enforcement – a court order allowing law enforcement officials to search a suspect’s home or officials to search a suspect’s home or business and take evidence. Search business and take evidence. Search warrants are granted only with cause.warrants are granted only with cause.

continuedcontinued►The 5The 5thth Amendment states that no one Amendment states that no one

can be put on trial for a serious federal can be put on trial for a serious federal crime without an crime without an indictmentindictment – a – a formal charge by a group of citizens formal charge by a group of citizens called a called a grand jurygrand jury, who review the , who review the evidence. An indictment does not evidence. An indictment does not mean guilt – it indicates only that the mean guilt – it indicates only that the person person maymay have committed a crime. have committed a crime.

continuedcontinued►The 5The 5thth Amendment also protects Amendment also protects

against against double jeopardydouble jeopardy. Someone . Someone tried and judged not guilty may not be tried and judged not guilty may not be put on trial again for the same crime.put on trial again for the same crime.

►The 5The 5thth Amendment protects an Amendment protects an accused person’s right to remain silent. accused person’s right to remain silent. This prevents a person from being This prevents a person from being threatened or tortured into a threatened or tortured into a confession.confession.

continuedcontinued►The 5The 5thth Amendment states that no one Amendment states that no one

may be denied life, liberty or property may be denied life, liberty or property without without due processdue process or the use of or the use of established legal procedures.established legal procedures.

►The 5The 5thth Amendment limits Amendment limits eminent eminent domaindomain – the right of government to – the right of government to take private property (usually land) for take private property (usually land) for public use.public use.

continuedcontinued►The 6The 6thth Amendment requires accused Amendment requires accused

people to be told the charges against them people to be told the charges against them and guarantees a trial by jury unless the and guarantees a trial by jury unless the accused chooses a judge instead. Trials accused chooses a judge instead. Trials must be speedy and public with impartial must be speedy and public with impartial jurors. Accused people have a right to jurors. Accused people have a right to hear and question witnesses against them hear and question witnesses against them and call witnesses in their own defense. and call witnesses in their own defense. Accused people are entitled to a lawyer.Accused people are entitled to a lawyer.

continuedcontinued►Before trial, the accused may stay in Before trial, the accused may stay in

jail or pay jail or pay bailbail, a security deposit. , a security deposit. Bail is returned if the person comes to Bail is returned if the person comes to court for trial but is forfeited if the court for trial but is forfeited if the person fails to appear. The 8person fails to appear. The 8thth Amendment forbids excessive bail and Amendment forbids excessive bail and excessive fines. It also forbids cruel excessive fines. It also forbids cruel and unusual punishment. Punishment and unusual punishment. Punishment must fit the severity of the crime.must fit the severity of the crime.

Protecting Other RightsProtecting Other Rights►The 2The 2ndnd Amendment is often debated. Amendment is often debated.

Some believe it only allows states to Some believe it only allows states to keep an armed militia, or local army. keep an armed militia, or local army. Other believe it guarantees the right of Other believe it guarantees the right of all citizens to “keep and bear arms”. all citizens to “keep and bear arms”. The courts have generally ruled that The courts have generally ruled that gov’t can pass laws to control, but not gov’t can pass laws to control, but not prevent, the possession of weapons.prevent, the possession of weapons.

continuedcontinued► The 3The 3rdrd Amendment says that soldiers may not Amendment says that soldiers may not

move into private homes without the owners’ move into private homes without the owners’ consent, as British soldiers had done in colonial consent, as British soldiers had done in colonial times.times.

► The 7The 7thth Amendment concerns civil cases – Amendment concerns civil cases – lawsuits involving disagreements among people lawsuits involving disagreements among people rather than crimes. It guarantees the right to a rather than crimes. It guarantees the right to a jury trial in civil cases involving more than $20. jury trial in civil cases involving more than $20. It does not require a jury trial, however.It does not require a jury trial, however.

► The 9The 9thth Amendment says that citizens have Amendment says that citizens have other rights beyond those listed in the other rights beyond those listed in the Constitution.Constitution.

continuedcontinued►The 10The 10thth Amendment says that any Amendment says that any

powers the Constitution does not powers the Constitution does not specifically give to the national gov’t specifically give to the national gov’t are reserved to the states or to the are reserved to the states or to the people. This prevents Congress and people. This prevents Congress and the president from becoming too the president from becoming too strong. They have only the powers the strong. They have only the powers the people give them.people give them.