How Do the Fifth, Sixth, and Eighth Amendments Protect Rights within the Judicial System?

Four of the first eight amendments in the Bill of Rights address the rights of criminal defendants. The previous lesson examined how the Fourth and Fifth Amendments protect accused persons from unreasonable law enforcement practices. This lesson explores how the Fifth, Sixth, and Eighth Amendments protect the rights of accused criminals before and during trial and the rights of those who have been convicted of crimes.

When you have finished this lesson, you should be able to explain the Fifth and Sixth Amendment guarantees regarding indictments, double jeopardy, and due process of law. You should be able to identify the rights protected by the Sixth Amendment, particularly the right to counsel. You should be able to describe the Eighth Amendment provisions about bail and punishment. Finally, you should be able to evaluate, take, and defend positions on the death penalty.