Briefly describe the 4th, 5th and 6th amendment rights?

Question 1

Briefly describe the 4th, 5th and 6th amendment rights?

Answer 1

(1) 4th - Prohibits unreasonable searches and seizures - involve state action that intrudes upon reasonable expectation of privacy

(2) 5th - (A) Right to be free from double jeopardy for the same offense (once this attaches, cannot be retried for that offense in the same sovereign) and (B) confessions must be voluntary and mustn’t be obtained in violation of Miranda rights

(3) 6th - Right to counsel in criminal procedings

Question 2

What is the general rule regarding the 5th amendment (regarding statements about a crime)

Answer 2

Policy must obtain waiver of counsel - after formal charges, police prohibited from obtaining incriminating statement without counsel there (without waiver).

Cannot use deception to elicit statements re: crime.

Question 3

What is the general rule regarding the 5th amendment (regarding right to counsel)

Answer 3

Provides right to effective counsel.

If felony, also right to expert witnesses.

To prove breach of right (1) truly unreasonable decicient performance (2) but for deficiency, would not have been found guilty = conviction reversed, new trial