Rights of people accused of crimes: the 4th, 5th, 6th and 8th Amendments
Grade 12 Social Studies Worksheet - Building Confidence
Circle the best answer.
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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.
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
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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.
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
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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.
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
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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.
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
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.
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
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.
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
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.
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
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
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
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
