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You are an attorney. Your client, who is in prison, says the government is violating her Fourteenth Amendment rights. What do you do?
a. begin researching her case to see if the Fourteenth Amendment applies b. explain that the Fourteenth Amendment does not apply to her because she is a naturalized citizen rather than a U.S. citizen from birth c. file a motion for a mistrial based on violation of the Constitution d. explain that the Fourteenth Amendment does not apply to her because she has been put on trial and found guilty
Number 8
If your client is claiming that the government is violating her Fourteenth Amendment rights, you would begin by researching her case to see if the Fourteenth Amendment applies. If it does not apply, you would explain to your client that the Fourteenth Amendment does not apply to her because she is a naturalized citizen rather than a U.S. citizen from birth. If the Fourteenth Amendment does apply, you would file a motion for a mistrial based on violation of the Constitution.
David Denton
Emma Goff
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What do the Miranda Rules state?
You have the right to remain silent (protection against self-incrimination under the Fifth Amendment).You have the right to consult with an attorney and to have an attorney present during questioning (right to counsel under the Sixth Amendment).If you cannot afford an attorney, one will be appointed to you (Sixth Amendment right to counsel applied via the Fifth and Fourteenth Amendment Due Process and Equal Protection Clauses).
What does the Miranda Rights have to do with the sixth amendment?
Part of the Miranda rights comes from the 6th amendment. This amendment states that everyone has the right to an attorney, and a speedy, fair, public trial. The Miranda rights state that you have the right to an attorney.
What aspect of the fifth amendment does the Miranda decision address?
Yes. Miranda v. Arizona, (1966) was primarily a Fifth Amendment case requiring police to inform anyone in their custody of their Fifth Amendment right to remain silent (under the self-incrimination clause), but also invoked the Sixth Amendment right to an attorney before being interrogated and during questioning, unless the detainee waives that right.The decision in Miranda was applied to the states via the Fourteenth Amendment Due Process Clause.
What amendment gives right to council?
That is the sixth amendment. The word is counsel (seeking or getting advice from an attorney).
What does the Sixth Amendment guarantee?
the right to an attorney during a trial
Which Amendment deals with your right to an attorney should you be accused of a crime?
No, the seventh amendment establishes rules and regulations on civil lawsuits. Generally, the right to an attorney is set by the 5th, 6th, and 14th amendments.
How many Miranda warnings involve 6th amendment rights?
2 of the 3 Miranda warnings come from the 6th amendment. The right to an attorney and the right to a court appointed attorney if you cannot afford one are both from the 6th amendment. The other Miranda warning, the right to remain silent, is from the 5th amendment.
Suppose youre an attorney In a case youre presenting to a?
Amendment VIII
Does the seventh amendment grant those accused of a crime the right to a attorney?
No, the seventh amendment establishes rules and regulations on civil lawsuits. Generally, the right to an attorney is set by the 5th, 6th, and 14th amendments.
What is an attorney who represents the state or the government called?
attorney-general
From which amendment do the Miranda rights come?
The 5th and 6th amendments both deal with the Miranda rights. The 5th amendment, protection from self-incrimination, is the right to remain silent. The 6th amendment addresses the right to an attorney.
What amendment for a court appointed lawyer?
In the United States, access to a court-appointed attorney is a defendant's right under the 6th Amendment.
