Deck V. Missouri
''Deck v. Missouri'', 544 U.S. 622 (2005), was a Supreme Court of the United States, United States Supreme Court case that dealt with the constitutionality of shackling a prisoner during the sentencing phase of a trial. In a 7–2 opinion delivered by Justice Stephen Breyer, Breyer, the court held that it is against due process, a right prescribed by the 5th Amendment to the United States Constitution, 5th and 14th Amendment to the United States Constitution, 14th Amendments, to shackle a defendant in the sentencing portion of a trial unless the shackling relates to a specific defendant and certain state interests. Background On August 27, 1996, Carman Deck (August 9, 1965 – May 3, 2022) was officially charged and arrested for six felonies. Among those felonies were a count of first-degree robbery, a count of first-degree burglary, two counts of armed criminal action, and two counts of first-degree murder. During the guilt phase of Deck's original trial, he was dressed as a no ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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