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The Eighth Amendment And The Fifth Amendment

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presentment and have been indicted by a Grand Jury. This allows for people to “plead the 5th” in court. The text of the Sixth Amendment states that in all and any criminal prosecutions, the accused will be given the right to a public and speedy trial, by an impartial jury of the district and state where the crime took place. The Seventh Amendment gives an individual a right to have a trial by jury instead of judge to some civil cases. The Supreme Court ruled in Justices v. Murray, 76 U.S. 9 Wall. 274 274 (1869), that the Seventh Amendment is not only limited in being applied to civil lawsuits that are tried before juries found in United States courts, but is also applicable in cases that are tried before a jury when at a state court. The …show more content…

“I like to tell young people when you have an interaction with a police officer that does not know you, you talk to them like you have some sense. If you try to oppose them, you create an environment that is hostile… But you do have rights. If they ever ask you if they can search you, your answer is no. Because by saying yes you are giving them consent to a search,” says Juvenile Court Counselor Karl Johnson (Karl). In addition, you have particular rights when walking on the sidewalk compared to driving or even being a passenger in a vehicle. “Police can ask people on the street any question they want. But unless the person is driving or biking, under investigation for a crime or suspected of committing another offense, such as being drunk in public, that person is not required to show ID, or answer the questions.” (CBC). Police officers can only stop and detain you if they have probable cause that you are about to, or have committed a crime. The suspicion must be based on "specific and articulable facts" and not merely upon an officer 's hunch. “[I]n justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion." (Wiki). If the

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