Identify the constitutional protections given to a criminal defendant by each of the following Amendments to the U.S. Constitution. How does each apply to the procedure involved in arresting and trying a criminal defendant?

Question

a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Eighth Amendment

Answer 1

a. The Fourth Amendment protects all individuals against unreasonable searches and seizures. Issues involving the Fourth Amendment arise when evidence is illegally seized by police officers and the defendant moves to have the evidence excluded based upon the exclusionary rule.
b. The Fifth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital or infamous crime except by grand jury indictment. The Fifth Amendment also guarantees due process. The privilege against self-incrimination extends only to testimonial evidence, not to physical evidence. The due process requirement basically requires a fair trial, including the right to counsel, the right to confront and cross-examine adverse witnesses, the right to testify in one's own behalf if desired, the right to produce witnesses and offer other evidence, and the right to be free from any and all prejudicial conduct and statements.
c. The Sixth Amendment provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury, inform the accused of the nature and cause of the accusation, confront the accused with the witnesses against him, have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.
d. The Eighth Amendment prohibits excessive bail and cruel or unusual punishment.