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.
Question
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
1st
2nd
6th
10th
14th
19th
The amendments that Michelle could cite in a federal court that would help her case are the 6th and 14th Amendments.
Michelle could potentially cite the following amendments in a federal court to help her case:
6th - The 6th Amendment guarantees the right to a fair trial, including the right to be informed of the nature and cause of the accusation, the right to counsel (either by retaining one or by being provided with a public defender), and the right to confront witnesses against oneself.
14th - The 14th Amendment guarantees due process and equal protection under the law. It prohibits states from depriving any person of life, liberty, or property without due process of law.
Therefore, the correct answer is:
6th, 14th
To determine which amendments Michelle could cite in a federal court that would help her case, it is important to analyze the situation described in the passage. Michelle claims that she was not informed of her rights, assigned a public defender, or allowed to confront her witnesses. These are all related to the legal concept of due process. The right to due process is protected by the 5th and 14th Amendments of the United States Constitution.
The 5th Amendment applies to the federal government and provides various protections, including the right to due process. However, since Michelle wants to sue the state, the 14th Amendment is more relevant. The 14th Amendment extends the protections of the Bill of Rights to apply to the states. It specifically guarantees due process and equal protection under the law.
Therefore, the correct answer is 14th Amendment.