DUE PROCESS AMENDMENTS Rights of the Accused

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause

Amendment 4 Requirement for Police

The police must usually obtain a warrant (written permission from a judge) to enter your home & cannot remove anything without following strict laws.

Amendment 5

No person shall 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

Due Process

Your property and freedom cannot be taken away without giving your due process rights. Proper legal procedures must be followed.

Self-Incrimination (Amendment 5)

You do not have to answer questions in court if you don't want to.

Double Jeopardy Amendment 5

You can't be put on trial for the same crime twice.

Amendment 6

The accused shall enjoy the right to a speedy and public trial, by an impartial jury...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 (a lawyer) for his defense.

Speedy and Public Trial

No wasting away in jail for years while waiting for your trial! You have the right to a speedy & public trial with a fair jury.

Right to Counsel

You have the right to a lawyer and the government must provide a lawyer if the accused cannot afford one.

Witnesses and Accusations Amendment 6

The accused must also know who will testify in court, and can call witnesses to speak in their favor. You must be informed of the crime you are accused of.

Amendment 7

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved

Ammendment 7 Jury Trial

If a civil case exceeds $20, a person has the right to a jury trial.

Amendment 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Prohibited Punishments (Amendment 8)

Excessive bail or unreasonable fines, as well as physically abusive punishment, are unconstitutional (not allowed).

Amendment 8

No stocks or pillories. No punishing physical labor.

Amendment 8

This is still a right that is being challenged in states with a death penalty.

Warrant

Written permission from a judge

Counsel

A lawyer

Amendment 7

Twenty dollars

Amendment 6

Impartial jury