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?

   • Fifth Amendment: no one loses property without due process of law, and a search puts property at risk
   • 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
   • 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?

   • 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
   • Sixth Amendment: a speedy trial, since a second case drags the matter out for the accused

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

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
   • 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
   • Fifth Amendment: no one may be forced to be a witness against themselves

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 H (made-up): A judge signs a warrant that describes Apartment B. Officers search Apartment B and also the neighbor's garage.

10. 5.

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

    • A warrant must describe the place to be searched, and the garage was not described
    • A warrant needs probable cause, and the apartment's probable cause covers the garage too
    • 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

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 I (made-up): Before hearing any evidence in Mr. Orr's theft trial, a juror says he plans to vote guilty.

12. 6.

    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

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. 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.

14. 7.

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

    • 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
    • An indictment counts as a first trial, so a trial now would be a second one for the same charge
    • The grand jury begins the charge; double jeopardy bars a second trial for the same offense, not the first

15. 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.

16. 8.

    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
17. 9.

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

    • It bans searches of homes but allows searches of cars and offices without a warrant or any oath
    • It bans unreasonable searches; a warrant with probable cause, an oath and a description is allowed
    • It sets no limits on searches, because card A names just the warrant and nothing else
    • It allows any search that a judge approves, whatever facts support the request or describe the place
18. 10.

    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 a second grand jury for the same offense, not a second trial
    • It bars any second trial of a person after the first one ends, whatever the charge