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=5th Amendment
=6th Amendment
=8th Amendment
=14th Amendment
Actions:
-Police arrest and book a suspect.
Constitutional Protection associated with this step:
-4th Amendment= protected from an unreasonable search or seizure without a warrant.
-8th Amendment= bars excessive bails, fines, and cruel/unusual punishment.
-5th Amendment= the arrested person has the right to remain silent, protected against self-incrimination.
-1st Amendment- they can't be arrested for safely using freedom of speech, religion, etc.
Related SCOTUS Case:
-Texas vs Johnson-
-The first amendment was violated in this court case. They ruled in favor of Johnson because no matter what you are protesting the right to a peaceful protest must not be infringed.
Actions:
-Suspect appears before a judge.
-Bail is set.
Constitutional Protections associated with this step:
-5th Amendment= right to remain silent, protection against self-incrimination, can't be charged twice.
Related SCOTUS Case:
-Miranda vs Arizona-
His 5th Amendment rights were infringed. He wasn't told about his protection against self-incrimination, and he was not told about his right to “plead the fifth” and have a defendant. The court ruled that Miranda’s interrogation violated the 5th Amendment. Also, evidence obtained as a result of interrogation could not be used against a defendant at trial unless the prosecutor communicated the warnings and the person knowingly and intelligently makes their decision.
Actions:
-Grand jury (or judge) hears evidence and formally charges the suspect with the crime.
Constitutional Protections associated with this step:
-5th Amendment- serious criminal charges must be started by a grand jury, a person cannot be tried twice for the same offense (double jeopardy), people have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)
-6th Amendment- Right to a speedy and fair trial, witnesses, and a lawyer.
Related SCOTUS Case:
-Leandro vs North Carolina-
-The Supreme Court rules in favor of Leandro, stating that the North Carolina State funding system didn’t provide adequate resources for the opportunity to have a sound basic education. The Equal Protection Clause in Amendment 14 ensures all students have equal and fair opportunities to access education so the Court ordered the State to correct funding deficiencies and assigned a Superior Court to monitor compliance.
Actions:
-Defendant pleads not guilty.
-Trial date is set.
Constitutional Protections associated with this step:
-5th Amendment- defendant can plead the fifth and the jurors can't assume this means they are guilty.
-5th and 6th Amendment- defendant has access to a jury, witnesses, a lawyer, and a speedy and fair trial.
Related SCOTUS Case:
-Engel vs Vitale- The Principal felt that his inclusion o a school prayer was not a big deal; Court ruled it violated the Establishment Clause of the First Amendment. The state cannot hold prayers, optional or not in public schools.
Actions:
-Defendant pleads guilty and accepts a plea bargain.
Constitutional Protections associated with this step:
-5th Amendment= defendant can plead the fifth and the jurors can't assume this means they are guilty.
-8th Amendment= no cruel or unusual punishment.
Related SCOTUS Case:
- McCarthy v. United States-
-This case resulted in the Court ruling that plea bargains: must be voluntary, and that defendants may only plead guilty if they know the consequences of doing so.
Actions:
-Prosecution and defense present cases to jury (or judge).
-Jury (or judge) reaches verdict.
Constitutional Protections associated with this step:
-Article III- A Judge should perform the duties of the office fairly, impartially and diligently.
-14th Amendment Equal Protection Clause- prohibits any state from denying to any person within its jurisdiction the equal protection of the laws.
Related SCOTUS Case:
-Furman vs Georgia-
-The Jury decided that he violated the 8th and 14th Amendments. They decided that he should die in a cruel and unusual way. The judges were racially biased.
Actions:
-Defendant found not guilty and goes free.
Constitutional Protections associated with this step:
-5th Amendment- defendants can't be charged with the same crime twice (double jeopardy).
Related SCOTUS Case:
-New York Times vs United States-
-NY Times 1st Amendment right to freedom of the press was violated. The Court had a 6-3 vote, ruling that the President and Nixon Administration’s restraint was unconstitutional, and their 1st Amendment right of freedom of press took authority over the restraint.
Actions:
-Defendant found guilty.
-Judge sentences defendant.
Constitutional Protections associated with this step:
-8th Amendment- no excessive bail and fines and cruel and unusual punishment is allowed once someone is found guilty.
Related SCOTUS Case:
-California vs Acevedo-
-The officers searched a container in his car which violated the 4th Amendment, but the Court ruled that the police may search a car and the containers within it where they have probable cause to believe contraband or evidence is contained. Acevedo was found guilty and sentenced.