Investigating the “Criminal Amendments” (5-8) of the Bill of Rights
Amendment 5
https://www.law.cornell.edu/wex/fifth_amendment
Use this website to refresh your memory of the text and meaning of the 5th amendment. In the space below, list the things guaranteed to criminals by the 5th amendment:
Now, look at the Supreme Court case of Miranda v. Arizona. Fill in the chart below as you explore this landmark case.
http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html
Amendment 6
http://constitutioncenter.org/interactive-constitution/amendments/
CLICK ON "MENU" AT THE BOTTOM AND SELECT THE 6TH AMENDMENT FROM THE LIST (VI)
Use this website to refresh your memory of the text and meaning of the 6th amendment. In the space below, list the things guaranteed to criminals by the 6th amendment:
Now look at the right hand side of the page where a history of the 6th amendment is outlined. Answer the following based on what you read:
1. At the time of the creation of the Constitution, what did police forces and juries look like?
2. Why did the Founding Fathers want to add the 6th amendment?
3. How has decisions of the Supreme Court changed the usage/interpretation of the 6th amendment over the course of time. List 3 of their decisions in the space below:
Now, look at the Supreme Court case of Gideon v. Wainwright, a landmark Supreme Court case dealing with the 6th amendment. Fill in the chart on the next page as you explore this landmark case.
Amendment 7
Use the following site to help you break down the meaning of the 7th amendment:
http://kids.laws.com/seventh-amendment
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”
Meaning:
“And no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law”:
Meaning:
How did our right to trial by jury come to be? (Explain the history of this fundamental right in the space below).
Amendment 8
Use the following site to help you break down the meaning of the 8th amendment:
http://www.annenbergclassroom.org/page/eighth-amendment
“Excessive bail shall not be required, nor excessive fines imposed”
Meaning:
“nor cruel and unusual punishments inflicted.”
Meaning:
Now check out this website for some controversy that has arisen our court system over the years.
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/cruelunusual.html
Briefly summarize the facts AND the decision in the following cases involving the 8th amendment:
Frances v Resweber (1947)
Facts:
Decision:
Ingraham v Wright (1977)
Facts:
Decision:
Harmelin v Michigan (1991):
Facts:
Decision:
Hudson v McMillian (1992)
Facts:
Decision:
Roper v Simmons (2005)
Facts:
Decision: