Lesson 32: How Do the Fifth, Sixth, and Eighth Amendments Protect Rights within the Judicial System?

Terms

bail  Money or other security given to obtain an arrested person's release from legal custody, which is forfeited if the individual subsequently fails to appear before the court for trial.

capital punishment  The use of the death penalty by a judicial system.

cruel and unusual punishment  A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society. The Eighth Amendment prohibits such punishments.

double jeopardy  The provision in the Fifth Amendment to the U.S. Constitution that a person may not be tried twice for the same crime.

grand jury  A panel of jurors designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to warrant trial. Contrasted with the "petite jury," usually composed of twelve people, of an ordinary trial.

indictment  A formal charge by a grand jury accusing a person of having committed a crime.

plea agreement  Pleading guilty to a lesser crime than that charged by a prosecutor.

right to counsel  Part of the right to a fair trial, allowing for the defendant to be assisted by an attorney, and if the defendant cannot afford counsel, requiring that the state appoint an attorney or pay the defendant's legal fees.