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 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
   • Fourth Amendment: a warrant needs probable cause, backed by an oath

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?

   • Eighth Amendment: no cruel and unusual punishments, since a second trial punishes Mr. Orr again
   • 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

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 F (made-up): A judge sets bail for Ms. Hale at ten times the usual bail for that offense and gives no reason.

6. 3.

   Kira reads card A and case F. Which part of card A fits best?

   • Eighth Amendment: no cruel and unusual punishments, since high bail is a harsh measure
   • Fifth Amendment: no one loses liberty without due process of law, since bail keeps Ms. Hale in jail
   • Eighth Amendment: no excessive bail
   • Sixth Amendment: a speedy and public trial, since a high bail would delay the trial

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 G (made-up): At the station, an officer tells Mr. Vale he must answer every question about a shed or be jailed.

8. 4.

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

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

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?

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

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 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
    • 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

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

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

    • It bars any second trial of a person after the first one ends, whatever the charge
    • It bars a second trial for the same offense, not for any other charge
    • It bars a second trial for the same offense if the first ended in a guilty verdict
    • It bars a second grand jury for the same offense, not a second trial
16. 9.

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

    • It bans excessive bail, excessive fines and cruel and unusual punishments
    • It bans excessive bail alone, and leaves fines and punishments to the Fifth Amendment
    • It bans cruel and unusual punishments but lets fines be as large as a court likes
    • It bans excessive fines and cruel punishments but says nothing about bail
17. 10.

    Ari's note says: "The Sixth Amendment allows a private trial if the trial is speedy." Which fix fits card A?

    • It guarantees a public trial, and speed is the Eighth Amendment's job
    • It guarantees a speedy trial and leaves public access to the judge's choice
    • It guarantees a public trial when the jury is impartial, so a private trial is allowed otherwise
    • It guarantees a speedy and public trial, so speed does not make a private trial acceptable