5TH and 6TH

AMENDMENTSWHAT ARE YOUR RIGHTS?

5 ELEMENTS OF THE 5TH

1. Grand Jury Indictment2. Double Jeopardy3. Protection Against Self

Incrimination: “I PLEAD THE 5TH!”

4. Due Process of Law - Fairness5. No Taking of Property without

Just Compensation

7 ELEMENTS OF THE 6TH

1. Speedy Trial 2. Public Trial3. Impartial Jury4. Informed of the Accusation (the

charges filed against you)5. Cross-Examine Witnesses testifying

against you6. Subpoena Witnesses to testify for you 7. Assistance of Counsel (attorney

provided in CRIMINAL cases)

PLEADING THE 5TH You are NOT required to testify in

your own defense The Jury may not hold it against a

defendant if he/she does not testify You may plead the 5th in your own

trial You may plead the 5th in the criminal

trial of another person if you are a witness

Miranda v Arizona (1963) In 1963, Ernesto Miranda was accused of

kidnapping and raping an 18-year-old, mildly retarded woman.

He was brought in for questioning, and confessed to the crime.

He was not told that he did not have to speak or that he could have a lawyer present.

At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied.

In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights.

Miranda v Arizona (1963) One of the most popular cases in constitutional law Created the “Miranda Warning”

• You have the right to remain SILENT• Anything you say can and will be used against you in a court of law

• You have the right to speak to an attorney, and to have an attorney present during questioning.

• If you cannot afford a lawyer, one will be provided for you at government expense.

What can Police ask without giving Miranda?

Law enforcement can only ask for specific information •Name•Date of birth •Address

AT WHAT POINT SHOULD THE POLICE MIRANDIZE YOU?

Miranda Warnings are required for CUSTODIAL INTERROGATION•Custody – you do not feel free to leave

• Interrogation – the police are questioning you about the case

CUSTODIAL INTERROGATION

At any time, you may request a lawyer during custodial interrogation

Upon request for a lawyer, the Police may not question you, but they can still TALK TO EACH OTHER

Police need not be totally truthful with you during questioning or while talking to each other in front of you

The Story of Robert Williams

On the afternoon of February 14, 1999, a 10-year-old girl named Pamela Powers went with her family to the YMCA in Seattle. When she didn’t return from a trip to the bathroom, a search for her began. The search was unsuccessful.

Robert Williams, who had recently escaped from a mental hospital, was a resident of Seattle YMCA. Soon after Pamela’s disappearance, Williams was seen in the YMCA lobby carrying a large bundle wrapped in a blanket. Williams got help from a young boy in opening the street door of the YMCA and the door to his car parked outside. When Williams put the bundle in the front seat of his car, the boy saw two skinny white legs init. Williams then drove away.

Officer Jones is patrolling an area of Seattle known for its high drug activity. Over a period of 4 hours, he observes a man, later identified as Tom, engage in suspicious activity consistent with “running drugs” (individual would stand on a corner, then approach people in cars and talk with them).

Twenty minutes later, Officer Jones sees Tom walking with Williams. Officer Jones pulls up next to the two men. Based on reasonable suspicion that the two men were engaged in suspicious activity, Officer Jones asks to search their pockets and discovers baggies of cocaine. Officer Jones then arrests both men for possession of cocaine.

 ***EVENTS THAT WE ARE CONCERNED WITH***

Williams is now under arrest for the cocaine. Assume that his arrest is lawful. After Officer Jones and his partner, Officer Smith, put Williams in the patrol car, he hears over the police radio that Williams fits the description of the man suspected of killing Pamela Powers. Officer Jones is positive that he has the right man and now wants to know where the murder weapon is in order to link Williams to the crime.

The Story of Robert Williams

 

Officer Jones: Read Williams his Miranda rights. Put Williams in the car.You are now driving to the stationhouse. Williams is in the backseat of the car. Williams: “Do you think I should get a lawyer?”“I think I might want my lawyer.” Officer Jones: (speaking to your partner, Officer Smith):“You know, I patrol this area everyday. Did you know there’s a school for disabled

children right down the street?” Officer Smith:“Yeah, there are a LOT of disabled children running around here. Can you imagine what

a tragedy it would be if one of them found the weapon and then hurt themselves?” Officer Jones: Man, that would be awful. Also, whoever left the weapon in an area

where a child could find it would then be responsible for the child’s death – a certain lifetime imprisonment.”

 Williams: (breaking down crying)..”WAIT!, I’ll show you where the gun is!..I know

where the gun is that killed the little girl!”  

Admissible or Inadmissible?

_____1. Mr. Brown admits to murdering someone. Police knew he was guilty and got him to confess by hanging him upside down from a tree.

_____2. A juvenile admits to a felony after being questioned by police from midnight to five a.m.

_____3. A police woman poses as a psychiatrist and hears a confession.

_____4. Police read an accused woman her rights and give her milk, sandwiches, and cigarettes when she asks for them while questioning her. She confesses.

_____5. A suspect is on a respirator, too ill to talk, sedated but conscious. He is read his rights and questioned for several hours. He admits his guilt by writing a confession.

_____6. A person confesses after 36 hours of uninterrupted questioning.

_____7. A man is told he may call his wife once he confesses.

TRUE OR FALSE? _____1. You do not have to testify against yourself in a criminal

procedure. _____2. You cannot testify against yourself in a criminal procedure. _____3. Police can lie to you during questioning to try to get a

confession. _____4. Once you are arrested, police can question you before

reading you your rights. _____5. Police can question you before your attorney is present. _____6. Police can refuse to let you have an attorney if they know

you are guilty. _____7. You are stopped for running a red light. The police must

read you your rights before asking any questions of you. _____8. You walk into a police station and admit to a crime to get it

off your chest. The prosecution can use this information against you, even though you had not been read your rights.

_____9. You are at the scene of a crime. Upon arrival, the police ask you account for your whereabouts in the last 3 hours. This is a violation of your 5th Amendment rights.