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Which amendment Protects the rights of the accused?
The Fifth, Sixth, and Eighth Amendments protect the rights of the accused directly. The Fifth guarantees the right to a grand jury, prohibits double jeopardy (two prosecutions for the same offense), protects against self-incrimination (you don't have to testify against yourself), and guarantees due process of law. The Sixth guarantees a speedy and public trial, trial by an impartial jury, confrontation of witnesses, and right to counsel (and a few other things not frequently cited). The Eighth prohibits cruel and unusual punishments, and also excessive bail. Additionally, two other Amendments apply to accused persons indirectly: The Fourteenth Amendment applies the Bill of Rights to the States (for the most part). The Fourth Amendment controls how the police may gather evidence.
What portion of the 14th Amendment forced the States to adhere to the Bill of Rights?
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause has been used more because many amendments in the Bill of Rights relate directly to protection against abuse from the criminal justice system (due process of law).Please note that only the First, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Second and Seventh Amendments are currently unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause is the one most often associated with incorporation.Please note: Under the doctrine of selective incorporation, only the First, Second, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Seventh Amendment is unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
The fifth amendment often interacts with what amendment?
The Fourth Amendment.
What are 5 specific guarantees in your US constituton that are also in the Universal Declaration of Human rights?
The Right to protest, Freedom of Speech, Freedom of Religion are part of the First amendment to the Constitution. The right to privacy is part of the fourth and fifth amendments to the constitution. The racial, sexual, and opportunial equalities are technically granted in the Constitution, however many people believe otherwise, which is why we have further amendments addressing such issues.
