What constitutional amendments pertain to trials?

Answer 1

The Fourth Amendment protects individuals from unreasonable search and seizure. While this doesn't pertain specifically to trials, it governs what evidence may be admitted at trial and used to convict the person accused. Evidence obtained unlawfully is excluded from consideration, as is any evidence stemming from the unlawfully obtained evidence ("The Fruit of the Poisonous Tree").

The Fifth Amendment requires that capital cases (those which can bring a sentence of death on conviction) be brought before a grand jury for indictment before going to trial. This is a control over the power of the prosecutor to bring charges without review. The Fifth Amendment protects individuals from having to give testimony or other evidence that might be used to convict them. This protection is often misunderstood. If a defendant (the person charged with the crime) decides to testify at trial, he is compelled to answer questions from the prosecutor during cross-examination, even if the answers might be incriminating. If the defendant wishes to avoid answering those questions, he can refuse to testify at all.

The Fifth Amendment also protects the right to due process. In order to impose a penalty on a person who has committed a crime, the state must follow all the rules and procedures. For instance, if the state had evidence that would tend to prove the innocence of an accused person, and did not reveal the existence of this evidence to the accused, the accused would be denied due process.

The Sixth Amendment guarantes the right to a "speedy and public trial." This means that the state must commence trial proceedings within a span of time determined by local court rules. If the defendant requests a continuance or otherwise delays the start of the trial, the right to a spedy trial is waived and no longer applies. The right to a public trial ensures against "Star Chamber" secret proceedings that can be used to violate the accused's rights. The Sixth Amendment further guarantees that the court will have jurisdiction over the charge brought against the defendant (e.g. a court in California has no jurisdiction over a crime committed in Oregon), and that the accused has the right to cross-examine any witnesses that testify against him. It also guarantees that the defendant has the power of the subpoena to bring witnsses for his defense to court. A subpoena compels a witness' attendance to court, even if they don't want to come, and forces them to testify (although they can't be compelled to give testimony that would incriminate them). Finally, the Sixth Amendment ensures that the accused has the assistance of an attorney in defending himself. This right has been clarified to apply only when the accused is in jeopardy of imprisonment, should he be convicted. There is no right to have an attorney whose services are paid for by the government in minor crimes such as traffic offenses and shoplifting, unless the state states an intent to seek jail time on conviction.

The Fifth Amendment to the US Constitution gives every person the right to refuse to incriminate himself. (This is often called 'taking the fifth.')

Section One of the Fourteenth Amendment gives all citizens protection from states and local governments removing their constitution rights. Further, it gives all people (not just citizens) the right to maintain life, liberty and property except with due process of law. This means that states can't take away your right to freedom of speech or the right to bear arms without a trial. The state can't put you in prison or take your home without a trial.