MAKING OF A NEW NATION 1776 1800
THE BILL OF RIGHTS THE CONSTITUTIONS FIRST 10 AMENDMENTS
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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Minors are entitles to many of the same “due process” rights as adults.
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Evidence cannot be presented in a court trial if obtained by police in an unlawful search.
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Suspects must be informed of their 5th and 6th Amendment rights prior to police interrogation.
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A person accused of a felony who is unable to afford an attorney is entitled to have one provided by the court.
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Detailed explanation-1: -In 1963, the Supreme Court ruled unanimously in favor of Gideon, guaranteeing the right to legal counsel for criminal defendants in federal and state courts. Following the decision, Gideon was given another trial with an appointed lawyer and was acquitted of the charges.
Detailed explanation-2: -The Gideon case incorporated the Sixth Amendment into the states, meaning that all state courts must provide lawyers for defendants who cannot afford to hire their own. This is one of many cases that relied upon the doctrine of selective incorporation.
Detailed explanation-3: -Constitutional Issue The issue considered by the Court in Gideon v. Wainwright was whether States are required, under the federal Constitution, to provide a person charged with a non-capital felony with the assistance of counsel if that person cannot afford to hire an attorney.
Detailed explanation-4: -After he was sentenced to five years in prison, Gideon filed a habeas corpus petition (or petition for release from unjust imprisonment) to the Florida Supreme Court, claiming that his conviction was unconstitutional because he lacked a defense attorney at trial.