The Rights of the Accused
The Rights of the Accused
The Fifth through Eighth amendments outline the following rights for people accused of criminal acts.
- They cannot be tried twice for the same crime.
- They cannot be forced to testify against themselves.
- They are entitled to due process of the law.
- They have the right to a speedy trial before a jury of their peers, or equals.
- They must be told of the charges against them.
- They have the right to a lawyer and to witnesses in their defense.
- They cannot be subjected to excessive bail or fines, nor to any cruel or unusual punishment.
- Only a grand jury can indict (charge) someone with a capital crime (a crime punishable by death)
In addition, the Constitution states that people cannot have their
private property taken away without receiving fair payment from the government.
Match the following terms with their definitions.
a. witnessd. grand juryg. excessive
b. indicte. due processh. bail
c. testifyf. capitali. peer
1.______To charge with an offense or crime
2.______Kind of crime that is punishable by death
3.______Group that decides whether there is enough evidence to bring an
accused to trial
4.______Person who saw something happen
5.______Too much; too great
6.______Answer questions under oath in a court of law
7.______Money paid to release an accused person from jail until a trial is
held
8.______One’s equal
9.______A guarantee that someone’s life, liberty, or property cannot be
taken away unfairly
10. Answer in your journal: Do you believe that people accused of crimes deserve all of these rights? Why or why not?
Name______
Date______
Section Letter______
Directions: Write the number of the amendment that is described below.
____ no quartering of soldiers in homes without the approval of the owner
____ freedom of the press
____ the right to have guns
____the right to a public trial
____the right to know the witnesses against oneself
____ freedom of speech
____ the right to have a lawyer
____ the right not to testify against oneself
____ the right not to lose life, liberty, or property without due process of the
law
____ the right to be tried soon after being accused of a crime
____ freedom of religion
____ the right to know the charges on which one is being held
____ freedom from unreasonable search and seizure
____the right to be paid for private property taken for public use
____ the right to obtain witnesses in one’s self defense
____ freedom to petition the government to correct grievances
____ no cruel or unusual punishments
____ no excessive bail or fines
Amendments 11-27
The Founding Fathers realized that changes or additions would have to be made in the Constitution as conditions and circumstances changed in the United States. Yet considering the number of years that have passed since the Constitutional Convention met in 1787, remarkably few revisions have been made in the original document. This is a tribute to the wisdom of the Convention delegates.
Listed below are the amendments that have been adopted since the Bill of Rights was added to the Constitution in 1791. Fill in the space with the number of the amendment being described. Do not use the same number more than once.
____ A citizen cannot be denied the right to vote because of race, color, or previous condition of servitude.
____ No person can be elected president more than twice. No person who has held the office of president for more than two years of a term to which some other person was elected president shall be elected to the office of president more than once.
____ The vice-president will become president if the president is removed from office or if he dies or resigns. If the president is unable to carry out his powers and duties, the vice-president will assume the powers and duties while serving as acting president.
____ Congress has the power to collect income taxes.
____ People may not make, sell, or transport intoxicating liquors within the United
States.
____ The eighteenth amendment is repealed.
____ A person cannot be denied their right to vote because they have not paid a poll tax.
____ The two United States Senators from each state are to be elected by the people of the state. (Senators had previously been chosen by state legislatures).
____ Slavery is abolished in the United States.
____ All persons born or naturalized in the United States are citizens of the United States and of the state in which they live. (This made former slaves citizens). No state can take away rights of citizens of the United States. No state can take away rights of citizens of the United States. No state can take away a person’s life, liberty, or property without due process of the law. All persons are given equal protection of the laws.