The People's Share

GED Social Studies · Drill III.05

Rights of a person accused of a crime: which amendment is at stake?

Family III: Rights, Citizens, and Politics · Map topic 22

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Worked examples

Two examples

Example 1

Nadia is arrested in Corona, Queens. At the precinct, a detective tells her that if she does not answer his questions, the judge will be harder on her. She answers, and what she says is used to convict her.Which amendment protects her here?
  1. Find the step in the story where the problem is. She was arrested, and then she was questioned. The trouble is in the questioning.
  2. What was done wrong? She was pressed to give answers that could help convict her. Giving evidence of your own guilt is called self-incrimination.
  3. The Fifth Amendment says no person “shall be compelled in any criminal case to be a witness against himself.” (Compelled means forced.)
  4. Miranda v. Arizona protects this same right: before police question a person in custody, they must tell the person of the right to remain silent. So this is the Fifth Amendment.

Answer: The Fifth Amendment

Example 2

Gary is convicted of stealing two pairs of sneakers. The judge sentences him to forty years in prison.Which amendment would his lawyer rely on to challenge the sentence?
  1. Find the step in the story. The trial is over. The problem is the sentence, the punishment.
  2. Ask whether the punishment fits the crime. Forty years for stealing two pairs of sneakers is far out of proportion to the offense.
  3. The Eighth Amendment forbids “cruel and unusual punishments.” Chapter 7 says this includes a punishment that is grossly out of proportion to the crime.
  4. The search, the questioning, and the trial are not what is being challenged. Punishment belongs to the Eighth Amendment.

Answer: The Eighth Amendment

Where this is taught: Civics, Chapter 7: The Fourth Amendment · Civics, Chapter 7: The Fifth Amendment · Civics, Chapter 7: The Sixth Amendment · Civics, Chapter 7: The Eighth Amendment

In your Kaplan book: Unit 3, Chapter 3, Lesson 2: Constitutional Government · Map of the Terrain, topic 22: Amendments 2 to 10

The drill

Ten questions

How many:

Read each question, and any reading or table in its box. Then tap your answer; a few questions ask you to choose words from a drop-down instead, the way the GED test does. Press Check my answers at the bottom.Read each question, and any reading or table in its box. Circle your answer; where there are brackets, circle the choice that fits. The answer key, with the reasoning, is on the last page.

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