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Rights of the Accused - Grade 8 DBQ

Rights of the Accused - Grade 8 DBQ

The guarantee of due process rights means that every citizen must be treated fairly in a court of law and must be guaranteed certain procedures which protect their rights. Are there sufficient safeguards in our present justice system to protect those accused?

 

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Julia Ebel

Julia Ebel

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Background Information
The Founding Fathers wanted to protect the rights of the accused, as they had found theirs being taken away by the British during the colonial period. Later on, in order to get the Constitution ratified, the Federalists (those who supported the new government under the Constitution) had to promise a Bill of Rights would be added after the Constitution was signed. The Bill of Rights was designed to protect the rights of the citizens, and within these are amendments that protect the rights of the accused.
The guarantee of due process rights means that every citizen must be treated fairly in a court of law and must be guaranteed certain procedures which protect their rights. The state may not pass or enforce laws that infringe upon those rights of any group of people living in the United States.

Article:   https://www.citelighter.c…
Source:  Offline Book/Journal
Julia Ebel

Julia Ebel

11 Knowledge Cards 

PROMPT: Are there sufficient safeguards in our present justice system to protect those accused?  

BIG IDEAS: What happens when a U.S. citizen is accused of committing a crime? Why are people accused of crimes in the first place? Why is it important to presume a person is innocent until proven guilty? What steps are included to decide whether a person accused of a crime is innocent or guilty? (due process)

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Document A: Amendments (paraphrased)

4th Amendment: Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason to think you have committed a crime.

5th Amendment: You can't be tried for any serious crime without a Grand Jury meeting first to decide whether there's enough evidence for a trial. And if the jury decides you are innocent, the government can't try again with another jury. You don't have to say anything at your trial. You can't be killed, or put in jail, or fined, unless you were convicted of a crime by a jury. And the government can't take your house or your farm or anything that is yours, unless the government pays for it.

6th Amendment: If you're arrested, you have a right to have your trial pretty soon, and the government can't keep you in jail without trying you. The trial has to be public, so everyone knows what is happening. The case has to be decided by a jury of ordinary people from your area. You have the right to know what you are accused of, to see and hear the people who are witnesses against you, to have the government help you get witnesses on your side, and you have the right to a lawyer to help you.

7th Amendment: You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government).

8th Amendment: The government can't make you pay more than is reasonable in bail or in fines, and the government can't order you to have cruel or unusual punishments (like torture) even if you are convicted of a crime.

Article: Bill of Rights (1791)
Source: Bill of Rights - Constitu...

The Bill of Rights: The First Ten Amendments to the Constitution

Article: Grade 8 Form A: Rights of...
Source: Grade 8 Form A: Rights of...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Think Abouts:

1. Based on the documents, what is the importance of the amendments in regards to the rights of the accused?                              

2.  Based on the documents, speculate why the Bill of Rights contains 5 amendments that outline the rights of the accused as opposed to one all-inclusive amendment.  

3.  What does this document reveal about the protection of rights for the criminally accused? 

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Document B: Current Court Decisions

Anthony is accused of murdering her 2-year-old, Caylee, in 2008. In December of that year, investigators found parts of the girl's duct-taped corpse near Anthony's parents' home. Bugs and vegetation had colonized the remains, which had been dumped roughly six months earlier. The sheer horror at the act — and the idea that a mother committed it — catapulted the case from local live-at-5 sideshow to tabloid sensation ("Monster mom partying four days after tot died," one recent report said) to national preoccupation. The case is being followed by millions on live-stream video feeds and constant cable-news reports. In the past few days, the Washington Post and the Miami Herald have become the latest major outlets to begin offering live streams of the case. CNN and NBC air so much coverage of the trial that the networks each decided to erect a two-story, air-conditioned structure in a lot across from the courthouse. The broadcast village around the court often grows to hundreds of media vehicles.

Article: U.S.
Source: TIME

As trials go, the Casey Anthony case blew up before our very eyes, becoming an ongoing obsession of the summer of 2011. For whatever reason, millions of people followed the case of this young woman, who waited over a month to report her two-year-old daughter was missing--later found dead--and who was caught in a number of lies along the way. After a trial that lasted just over a month, when the jury came back with a verdict after just 11 hours of deliberations, a guilty verdict was assumed by the experts. But that is not what happened in the courtroom today because, of course, guilt must be proven. We begin here tonight with NBC's Kerry Sanders in Orlando.

Article: Casey Anthony Verdict Lea...
Source: NBC Nightly News
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Think Abouts:

1.       According to the text and video, what were some of the reasons people felt that that Casey Anthony was thought to be guilty?                              

2.       Explain how people’s emotions can conflict with laws and the justice system. Should emotions be left out or be taken into consideration within the justice system?                             

3.       Considering the not guilty verdict, what does this say about the rights of those accused of a crime?

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Document C: Miranda v. Arizona

Location: Maricopa County Jail
Facts of the Case

The Court was called upon to consider the constitutionality of a number of instances, ruled on jointly, in which defendants were questioned "while in custody or otherwise deprived of [their] freedom in any significant way." In Vignera v. New York, the petitioner was questioned by police, made oral admissions, and signed an inculpatory statement all without being notified of his right to counsel. Similarly, in Westover v. United States, the petitioner was arrested by the FBI, interrogated, and made to sign statements without being notified of his right to counsel. Lastly, in California v. Stewart, local police held and interrogated the defendant for five days without notification of his right to counsel. In all these cases, suspects were questioned by police officers, detectives, or prosecuting attorneys in rooms that cut them off from the outside world. In none of the cases were suspects given warnings of their rights at the outset of their interrogation.

Article: MIRANDA v. ARIZONA
Source: The Oyez Project at IIT C...

The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.
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 any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

Article: U.S. Constitution
Source: USConstitution.net

Supreme Court Expands Miranda Rights for Juveniles

"The U.S. Supreme Court ruled Thursday that police must take into account the age of young people they’re questioning and deciding whether to give the Miranda warning, the one about the right to remain silent.

Article: Supreme Court Expands Mir...
Source: NBCUniversal Media, LLC
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Think Abouts:

1.      Using context clues from the document and video, determine the importance of Miranda v. Arizona in protecting the rights of the accused.                               

2.      How does the outcome of Miranda v. Arizona apply to the rights of the accused?                                  

3.      What does this document reveal about the protection of rights for the criminally accused? 

Reply

Article:   https://www.citelighter.c…
Source:  Offline Book/Journal
Julia Ebel

Julia Ebel

11 Knowledge Cards 

PROMPT: Are there sufficient safeguards in our present justice system to protect those accused?  

BIG IDEAS: What happens when a U.S. citizen is accused of committing a crime? Why are people accused of crimes in the first place? Why is it important to presume a person is innocent until proven guilty? What steps are included to decide whether a person accused of a crime is innocent or guilty? (due process)

Reply
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