Michelle was recently arrested. She was not informed of her rights, assigned a public defender, or allowed to confront her witnesses. She has decided to sue the state.
Use the passage to answer the question.
Which amendments could Michelle cite in a federal court that would help her case? Select all that apply.
A. 1st
B. 2nd
C. 6th
D. 10th
E. 14th
F. 19th
Answers should be 6th and 14th
To determine which amendments Michelle could cite in a federal court, we need to understand the rights she claims were violated. According to the passage, Michelle was not informed of her rights, assigned a public defender, or allowed to confront her witnesses.
The relevant amendments to consider are:
A. 1st Amendment: The 1st Amendment protects freedom of speech, religion, assembly, the press, and the right to petition the government. However, the violations mentioned do not directly relate to these rights, so the 1st Amendment is not applicable in this case.
B. 2nd Amendment: The 2nd Amendment protects the right to bear arms. This amendment is not relevant to Michelle's situation, so it is not applicable.
C. 6th Amendment: The 6th Amendment includes several important rights for defendants in criminal cases, such as the right to be informed of the nature and cause of the accusation, the right to a speedy and public trial, the right to confront witnesses, and the right to have the assistance of counsel for defense. Since Michelle claims she was not informed of her rights, was not allowed to confront witnesses, and was not assigned a public defender, the 6th Amendment is highly relevant to her case.
D. 10th Amendment: The 10th Amendment states that powers not delegated to the federal government are reserved for the states or the people. This amendment does not pertain directly to individual rights or Michelle's claims, so it is not applicable here.
E. 14th Amendment: The 14th Amendment guarantees due process and equal protection under the law. Michelle could use this amendment to argue that her rights to due process were violated since she was not informed of her rights, allowed to confront witnesses, or assigned a public defender.
F. 19th Amendment: The 19th Amendment grants women the right to vote. While this is an important constitutional right, it does not directly apply to Michelle's situation, so it is not applicable in this case.
Based on the information provided, the applicable amendments that Michelle could cite in a federal court are:
C. 6th Amendment
E. 14th Amendment
Michelle could cite the following amendments in a federal court that would help her case:
C. 6th - The 6th Amendment guarantees certain rights to individuals accused of crimes, including the right to be informed of the nature and cause of the accusation, the right to a fair and speedy public trial, the right to confront witnesses against them, and the right to have the assistance of counsel.
E. 14th - The 14th Amendment contains the Due Process Clause, which provides that no state shall deprive any person of life, liberty, or property without due process of law. This amendment ensures that individuals are afforded their fundamental rights and protections, including the right to a fair trial and legal representation.