UNIVERSIDAD CATOLICA SANTIAGO DE GUAYAQUIL DERECHO CICLO IX

XAVIER MARCELO TORRES SARMIENTO INGLÉS JURÍDICO

FACULTAD DE JURISPRUDENCIA Y CIENCIAS

SOCIALES Y POLITICAS

ACTIVIDAD AUTONOMA TEMA:

4th, 5th AND 6th AMENTMEDS TO THE CONSTITUTION
AUTOR
XAVIER MARCELO TORRES SARMIENTO

TUTOR
AB. MGS. PAOLA MARIA TOSCANINI SEQUEIRA

INGLES JURÍDICO

08 julio del 2020

CUENCA - ECUADOR

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Ab. Mgs. Paola María Toscanini Sequeira
UNIVERSIDAD CATOLICA SANTIAGO DE GUAYAQUIL DERECHO CICLO IX
XAVIER MARCELO TORRES SARMIENTO INGLÉS JURÍDICO

Read the amendments to the Constitution, specifically the 4th, 5th and 6th
amendments. The fourth amendment deals with "unreasonable searches and seizures"
that means that no authority has the right to oblige a person to disclose personal
property unless there is a warrant (court order in criminal cases) by the judge to carry
out searches and seizures. This protects the right to Privacy. Then keep reading
amendments 5 and 6, where you see that it mentions the "right to confront and compel
the witness, the right to have an attorney to represent you, the right to remain silent, to
a public and speedy trial, etc. This constitutes the due process of law.

Interesting and landmark cases: T.L.O. vs New Jersey; Miranda vs. Arizona; Gideon vs.
Wainwright

Read the cases so you can learn the terminology contained therein.

In your own words make a summary of the content that you have read

The 4th Amendment

The fourth amendment was necessary because writs of assistance had alarmed the country
which inspired citizens to demand their rights. The congress reconciled such demands and, in
this way, the 4th amendment was created.

The 4th amendment of the US Constitution deals with the protection of arbitrary investigations
and apprehensions. It was established in response to the controversial writ of assistance (a
kind of general registration order), which played an important role after the War of
Independence of the United States.

The right of the inhabitants that their persons, domiciles, papers and effects are safe from
arbitrary searches and arrests, shall be inviolable, and orders that are not supported by a
plausible motive, corroborated by oath or protest shall not be issued for that purpose and
describe with particularity the place that must be registered and the persons or things that
have to be stopped or seized.

The 4th Amendment to the Constitution of the United States1 requires that inquiries and
apprehensions conducted by a government authority must be reasonable. By the end, the
amendment specifies that court orders on search and arrest must be justified for a reasonable
cause and limited in its scope to specific information provided by a person (usually a police
officer) who swears on the veracity of this information, and therefore may be liable to a court.

The amendment applies only to government entities; this does not guarantee the right to the
ambulatory freedom of the people with respect to investigations and apprehensions
conducted by citizens, private organizations. Specifically, the Bill of Rights only restricts the
power of the federal government, but the Supreme Court of the United States has ruled that
the Fourth Amendment is applicable to state governments by application of the Fourteenth
Amendment.

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Ab. Mgs. Paola María Toscanini Sequeira
UNIVERSIDAD CATOLICA SANTIAGO DE GUAYAQUIL DERECHO CICLO IX
XAVIER MARCELO TORRES SARMIENTO INGLÉS JURÍDICO

The 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment if a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger, nor shall
any person be subject for the same offense to be twice put in jeopardy of life limb; nor
shall be compelled in any criminal case to be a witness against himself nor be deprived
of life, liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.

The 5th Amendment to the Constitution of the United States guarantees citizens the
right not to incriminate themselves and not to testify.

No person accused of committing a crime can be forced to testify against himself. The
Supreme Court of the United States has ruled that this applies not only to trials, but
also to police interrogations.

Therefore, a person who has been detained by the police may refuse to answer any
question related to the crime of which he is accused, and, in addition, if the police want
to question a suspect, they must first read to him their rights, known in English as
"Miranda warnings"

This rule applies only in the case of interrogation of a detainee, which is when the police
interrogate a suspect while in custody. If any of these elements are missing, the police
are not obliged to read the rights to the person.

The 6th Amendment

The 6th Amendment to the United States Constitution codifies rights related to
criminal cases in federal courts. The Supreme Court has ruled that these rights are so
fundamental and important that the Fourteenth Amendment protects them in state
courts by the due process clause.

In all criminal cases, the accused shall enjoy the right to a public trial and expedited by
an impartial jury of the State and district in which the crime was committed; district
that must have been previously determined by law; as well as to be made aware of the
nature and cause of the accusation; to be confronted with the witnesses who testify
against him, to force himself to appear to the witnesses who favor him and to have the
help of a lawyer to defend him.

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Ab. Mgs. Paola María Toscanini Sequeira