Rights of people accused of crimes: the 4th, 5th, 6th and 8th Amendments

Grade 12 Social Studies Worksheet - Building Confidence

Circle the best answer.

1. Read this first

   Use this

   Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments. Case D (made-up): Officers ask a judge for a warrant to search a storage unit for stolen bicycle parts. They name the unit but give no sworn facts linking it to the parts. The judge refuses.

2. 1.

   Milo reads card A and case D. Which part of which amendment explains the judge's refusal?

   • Fourth Amendment: a warrant needs probable cause, backed by an oath
   • Fourth Amendment: a warrant must describe the place to be searched, and the unit is named
   • Fifth Amendment: no one loses property without due process of law, and a search puts property at risk
   • Sixth Amendment: the accused must be told the charges before any search can be allowed

3. Use this

   Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments. Case E (made-up): A jury finds Mr. Orr not guilty of taking tools from a shed. The county later files the same charge again in the same court, with new witnesses.

4. 2.

   Pia reads card A and case E. Which right does the second charge put at risk?

   • Sixth Amendment: a speedy trial, since a second case drags the matter out for the accused
   • Fifth Amendment: no one is tried twice for the same offense
   • Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment
   • Eighth Amendment: no cruel and unusual punishments, since a second trial punishes Mr. Orr again

5. Use this

   Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments. Case G (made-up): At the station, an officer tells Mr. Vale he must answer every question about a shed or be jailed.

6. 3.

   Tala reads card A and case G. Which right protects Mr. Vale here?

   • Fifth Amendment: no one may be forced to be a witness against themselves
   • Fourth Amendment: no unreasonable seizures, since being jailed seizes a person
   • Sixth Amendment: the right to a lawyer, since Mr. Vale is being questioned at the station
   • Eighth Amendment: no cruel and unusual punishments, since a threat of jail is harsh

7. Use this

   Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments. Case H (made-up): A judge signs a warrant that describes Apartment B. Officers search Apartment B and also the neighbor's garage.

8. 4.

   Ren reads card A and case H. Which limit in the Fourth Amendment does the garage search cross?

   • A warrant needs probable cause, and the apartment's probable cause covers the garage too
   • A warrant must describe the place to be searched, and the garage was not described
   • A warrant for one home lets officers search any building in the same neighborhood
   • The neighbor can confront the officers at trial under the Sixth Amendment, so the search is fine

9. Use this

   Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments. Case I (made-up): Before hearing any evidence in Mr. Orr's theft trial, a juror says he plans to vote guilty.

10. 5.

    Bo reads card A and case I. Which right is at risk?

    • Fifth Amendment: a grand jury indictment, since the juror is part of a jury
    • Eighth Amendment: no excessive fines, since a conviction by a biased juror is a harsh result
    • Sixth Amendment: a speedy trial, since the juror's remark could slow the case for weeks
    • Sixth Amendment: a trial by an impartial jury

11. Use this

    Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments. Case J (made-up): A grand jury indicts Ms. Hale for a serious federal crime. A student says the Fifth Amendment's ban on double jeopardy now bars her trial.

12. 6.

    Noah reads card A and case J. Which reply fits card A?

    • An indictment counts as a first trial, so a trial now would be a second one for the same charge
    • Double jeopardy applies to each step of a prosecution, so each hearing is a separate trial of the case
    • An indictment bars a trial until a second grand jury agrees that the charge is sound enough
    • The grand jury begins the charge; double jeopardy bars a second trial for the same offense, not the first

13. Use this

    Card A, the Bill of Rights for the accused (our words; ratified in 1791). Fourth Amendment: the government may not carry out unreasonable searches and seizures; a warrant needs probable cause, backed by an oath, and must describe the place to be searched and the persons or things to be seized. Fifth Amendment: no one is held for a serious federal crime without a grand jury indictment, with exceptions for the military; no one is tried twice for the same offense (double jeopardy); no one is forced to be a witness against themselves; and no one loses life, liberty or property without due process of law. Sixth Amendment: in all criminal prosecutions the accused has a speedy and public trial by an impartial jury, must be told the charges, may confront the witnesses against them, may call witnesses, and has the right to a lawyer. Eighth Amendment: no excessive bail, no excessive fines, and no cruel and unusual punishments.

14. 7.

    Zee reads card A. A student says: "The Sixth Amendment gives every accused person a free lawyer." What does card A support?

    • Card A gives the accused the right to a lawyer; it does not say who pays
    • Card A puts the right to a lawyer in the Fifth, so the claim mixes up the amendments
    • Card A says nothing about lawyers, so the claim cannot be checked against the card
    • Card A says courts must pay for a lawyer whenever the accused asks for one
15. 8.

    Esme reads card A. A student says: "The Fourth Amendment bans every search." Which reply fits?

    • It sets no limits on searches, because card A names just the warrant and nothing else
    • It bans unreasonable searches; a warrant with probable cause, an oath and a description is allowed
    • It allows any search that a judge approves, whatever facts support the request or describe the place
    • It bans searches of homes but allows searches of cars and offices without a warrant or any oath
16. 9.

    Jun's note says: "The Fifth Amendment says no one may ever be tried twice for anything." Which fix fits card A?

    • It bars a second trial for the same offense if the first ended in a guilty verdict
    • It bars a second trial for the same offense, not for any other charge
    • It bars any second trial of a person after the first one ends, whatever the charge
    • It bars a second grand jury for the same offense, not a second trial
17. 10.

    Luz's note says: "The Eighth Amendment bans all fines." Which fix fits card A?

    • It bans excessive bail alone, and leaves fines and punishments to the Fifth Amendment
    • It bans excessive fines and cruel punishments but says nothing about bail
    • It bans excessive bail, excessive fines and cruel and unusual punishments
    • It bans cruel and unusual punishments but lets fines be as large as a court likes