What are the rules of the Fourth, Fifth, and Sixth Amendments in criminal cases?
The Fourth Amendment of the United States Constitution protects individuals from unreasonable search and seizure. This is important in criminal cases because it protects citizens from having their property taken by the government without proper cause or a court order. In South Carolina, this Amendment applies to both state and federal law enforcement officers and any other individuals acting on behalf of the government. The Fifth Amendment provides protections to individuals when they are accused of a crime. These include the right against self-incrimination, meaning that a person cannot be compelled to testify against themselves. It also provides individuals with the right to a grand jury hearing and due process. In South Carolina, the Fifth Amendment provides the accused with protection from double jeopardy, or being charged twice for the same crime. The Sixth Amendment guarantees the rights of individuals accused of a crime to a speedy and public trial. This includes the right to a fair and impartial jury, the right to be informed of the charges brought against them, and the right to confront and cross-examine witnesses. In South Carolina, the Sixth Amendment also guarantees the accused the right to legal counsel. If the accused cannot afford an attorney, one must be provided for them.
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