CJ 100 1st Edition Lecture 5Outline of Current Lecture II. 5th AmendmentIII. 6th AmendmentIV. 7th amendmentV. 8th AmendmentVI. 9th AmendmentVII. 10th AmendmentVIII. 14th amendmentIX. Habeas CorpusX. Bills of AttainderXI. Ex Post Facto LawsCurrent LectureHighly recommends watch breaking bad Home depot is involved in another data breach (leak), kind of like target 5th amendment - Protects you against giving evidence against yourself via confession (“take the Fifth). Protection against self-incrimination (Miranda). - Double jeopardy doctrine – prevents authorities from trying you twice for the same crime (Can’t be tried for the same crime in the same level of court) - Guarantees “due process” – constitutional guarantee of fairness and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty or property (federal)- “MIRANDA RIGHTS” o Right to remain silent o Right to an attorney - Good defense attorney would say don’t start answering questions, just remain silent 6th amendment - Guarantees criminal defendants the right to a fair trial - Ensures that defendants are brought to trial soon after they are charged (“speedy trial”) o If you’re being detained before your trial they want to make sure you don’t just sit in jail o NDAA (national defense authorization act)These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. 10 21 and 10 22 which deal with indefinite detention (EXTRA CREDIT QUESTION)and how that might conflict with 6th amendment - Trials are held in public - Fair and impartial jury 7th Amendment - Specifically deals with civil court - Right to a jury trial in civil cases - Civil court legal threshold is preponderance of evidence - In civil court, you need about 51% (called preponderance of evidence)o Threshold is criminal court is guilty beyond reasonable doubt, must be about 97-99.9% (TEST)- Tort  someone/company/government has wronged you and you go to civil court, it’s a civil harm 8th Amendment - Protection against excessive bail o If you don’t post bail then you’ll be spending that time in jail o Bail is pretrial release o 8th amendment doesn’t give you the right to bail o A judge can deny you bail o Excessive bail  brings subjectivity  What is excessive?  Ex: if its your first offense, and not extremely serious and your bail is set at 1 million dollars than that’s a little excessive o No constitution right to be granted bail (TEST)o Bail is controversy in general because most people can’t afford bail - Protection against excessive fineso Lot of subjectivity o Ex: NYPD tickets you for 1 million dollars, probably excessive - Protection against cruel and unusual punishments o Something that’s historically evolved o Evolving standard of decency o We try to make punishments more humane over time o Historically has been death penalty o 60s and 70s death penalty was suspended o Is the death penalty a cruel and unusual punishment? 9th Amendment - Provide flexibility in the constitution- Just because a particular right is not mentioned does not mean that it doesn’t apply - “Unenumerated rights” (TEST)- Ex: Right to privacy  this is a basic human right - Subjective? 10th amendment - State’s rights not specifically mentioned in the constitution - “Essence of federalism” (division of power between state and federal government) - Federalism: separation of state and federal government. Need separation so one doesn’t become too powerful Moving outside bill of rights…….14th amendment *- Guarantees due process and equal protection (federal) - Due process clause - Equal protection clause o Regardless of race, ethnicity, gender, etc. you’re given all these rights Habeas Corpus - “Fundamental safeguard for individual freedom against an arbitrary government”- Court has to produce body and you have to be given a court date and be told your charges- Huge protection on government overreach Bills of Attainder - Bills of Attainder – outlawed o You have to have a trial o Can’t just sentence someone as guilty - Legislative act declaring someone guilty of a crime and imposing punishment in absence of a trial - Constitution prohibits Congress from passing bills of attainder Ex Post Facto Laws - Any law that punishes an act that was not criminal when committed - Constitution prohibits ex post facto laws from being passed - Ex: you post youtube video criticizing a politician and a law was then made after saying you can’tdo that, well that’s not criminal at the time so you can’t be