Process of the accused person

Due Process of the accused person
Vocab:
1. Due process- the law must be applied fairly
2. Indict- to formally accuse
3. Double Jeopardy- He/she cannot be tried again for the same crime
The right of the people to be secure in their Persons, Houses, Papers and Effects against unreasonable searches and seizures, shall not be violated, And no Warrants shall issue, but upon probable cause,
Supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
-Fourth Amendment
No person shall be held for a capital, or otherwise infamous
Crime, unless on a presentment or indictment of a Grand Jury...
Nor shall any person be subject for the same offense to be
twice put in jeopardy in life or limbs; nor shall he be compelled in any
Criminal cases to be a witness against himself, nor deprived of
Life, liberty, or property, without the process of law...
-Fifth Amendment
In all Criminal Prosecutions the accused shall enjoy the rights to a speedy
And public trial, by an impartial jury... And be informed of the nature
And cause of the accusation; to be confronted with the witness against him; to have compulsory
Process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
-Sixth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
-Eighth Amendment
Nor shall any State deprive any person of life, liberty or property without the due process of law...
-Fourteenth Amendment
In the declaration of independence Thomas Jefferson established rules for the government to ensure the fundamental, innerent the preexisting rights of the people. The democracy that is successful has a constitution that limits the power of the government. In today’s government the powers are divided into the three branches of the government, judicial, legislative and executive. Each branch has its own unique power but limitations on what they can do.
The fourth, fifth, sixth and eighth amendments provide rights for the accused. The Fifth Amendment states the government cannot accuse anyone for a crime without enough evidence to the person’s crime. Than the jury can decide to indict that person or not. Without an indictment the court cannot try someone for a serious crime. The Fifth Amendment also protects the accused from having to plead their own trials. If someone is not found guilty they cannot be faced with a double jeopardy. The Fifth Amendment also states that no one can have their personal property taken away from them without the due process of law. The sixth amendment guaranties the accused that he/she has the right to an authority in court, and a speedy trial. The eighth amendment states there shall be no cruel or unusual punishment.

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