pretrial motions fourth fifth and sixth amendments

Week 3 – Discussion 2

15 15 unread replies. 15 15 replies.

Your initial discussion thread is due on Day 3 (Thursday) and you have until Day 7 (Monday) to respond to your classmates. Your grade will reflect both the quality of your initial post and the depth of your responses. Refer to the Discussion Forum Grading Rubric under the Settings icon above for guidance on how your discussion will be evaluated.

Pretrial Motions: Fourth, Fifth, and Sixth Amendments [WLOs: 2,3] [CLOs: 1, 4, 5]

Prior to beginning work on this video presentation, read Fourth Amendment: Search and Seizure (Links to an external site.), The Difference Between the 5th and 6th Amendment Right to Counsel (Links to an external site.), Probable Cause and Reasonable Suspicion (Links to an external site.), Saul Ornelas and Ismael Ornelas Ledesma, Petitioners v. United States (Links to an external site.), and Pre-Trial Motions (Links to an external site.).

The fourth, fifth and sixth amendments are the most important of the Bill of Rights which affect criminal law, prosecutions, and defenses in the United States. Consider the protections against unreasonable searches and seizures, the right to remain silent, the right to due process, the right to counsel, and the right to a speedy trial as the “Holy Grail” of constitutional protections for those accused of a crime.

Part 1: Your PowerPoint (or equivalent) presentation:

If your last name begins with the letters A through G (fourth amendment). Create a five- to eight-slide PowerPoint explaining the fourth amendment. Additionally, provide 50 to 75 words of explanations for each of your PowerPoint slides in the discussion area, just as you would present an oral presentation explaining the slides on the topics listed. In your PowerPoint slides and discussions,

  • List the requirements of the fourth amendment.
  • Define the key term warrant, and provide exceptions to the warrant requirement.
  • Examine what the remedy is for a defendant when a motion granted to suppress is granted for a fourth amendment violation.

If your last name begins with the letters H through O (fifth amendment). Create a five- to eight-slide PowerPoint explaining the fifth amendment. Additionally, provide 50 to 75 words of explanations for each of your PowerPoint slides in the discussion area, just as you would present an oral presentation explaining the slides on the topics listed. In your PowerPoint slides and discussions,

  • List the requirements of the fifth amendment with regards to self-incrimination.
  • Focusing on the right to remain silent and the Miranda decision, define the steps that officers must take to gain incriminating statements admissible into a trial.
  • Examine what the remedy is for a defendant when a motion to suppress is granted for violation of the fifth amendment.

If your last name begins with the letters P through Z (sixth amendment). Create a five- to eight-slide PowerPoint explaining the sixth amendment. Additionally, provide 50 to 75 words of explanations for each of your PowerPoint slides in the discussion area, just as you would present an oral presentation explaining the slides on the topics listed. In your PowerPoint slides and discussions,

  • List the requirements of the sixth amendment.
  • Define the key term to have the assistance of counsel for his defense, and explain its meaning in relation to both custodial interrogation and at trial.
  • Detail what the remedy is for a defendant when a motion is granted for violation of the sixth amendment.

In all presentations, support your observations using a minimum of two scholarly and/or credible sources either from the required readings this week or from independent research that you conduct in the Ashford University Library or online, and properly cite any references.

Making your PowerPoint (or equivalent) Presentation

You may wish to include visual enhancements in your presentation. These may include appropriate images, a consistent font, appropriate animations, and transitions from content piece-to-content piece and slide-to-slide. (Images should be cited in APA format as outlined by the Ashford Writing Center’s Tables, Images, & Appendices (Links to an external site.) resource.) The Where to Get Free (and Legal) Images (Links to an external site.) guide provides assistance with accessing freely available public domain and/or Creative Commons licensed images. It is recommended that you access the Ashford Writing Center’s How to Make a PowerPoint Presentation (Links to an external site.) and Simple Rules for Better PowerPoint Presentations (Links to an external site.) which provide useful assistance with creating successful PowerPoint presentations.

Part 2: Your computer screen video recording (Screencast) of a PowerPoint (or equivalent) presentation:

  • Take photos of key points in each exercise, and place them in PowerPoint using appropriate titling and transitions.
  • Write speaker’s notes as a script for your presentation at the bottom of each slide.
  • Use Screencast-O-Matic to record your presentation and voice. (You will need either a laptop’s built-in microphone or an external microphone headset to record your voice).
  • Using the screen cast software package, obtain a link to share with others.

Posting:

  • Paste your video link, and post your PowerPoint file within your initial post in this discussion forum.

Guided Response: Review several of your classmates’ presentations. Substantively respond to at least two of your classmates’ posts by Day 7. Each response must be to a classmate from a different group, other than your own. For example, if your primary response concerns the fifth amendment (because your last name starts with the letters H through O), then each of your two responses to classmates must address the fourth amendment and sixth amendment primary responses of your classmates. In your discussions with classmates, examine how these rights benefit the defendant and go against the state prosecuting the case. In your responses, address the following:

  • What purposes could be served by such one-sided rights?
  • What were the founders concerned about that made them codify these rights which were often radical at the end of the 18th century, but accepted as common practices and protections today?

Your responses must be at least 150 words of content and supported by a minimum of two scholarly and/or credible sources (i.e., classroom materials or reliable, outside sources). You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum. Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7, and respond with robust dialogue to anyone who replies to your initial post. Remember that this is a discussion. If a classmate or your instructor asks you a question, it is your responsibility to respond.

The Pretrial Motions video presentation

  • Must be a video of a PowerPoint (or equivalent) presentation, five to eight double-spaced slides in length (not including title and references slides) and formatted according to APA style as outlined in the Ashford Writing Center’s How to Make a PowerPoint Presentation (Links to an external site.)
  • Must include a separate title slide with the following:
    • Title of presentation.
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted

For further assistance with the formatting and the title page, refer to APA Formatting for Word 2013 (Links to an external site.).