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.

3 answers

Michelle could cite the following amendments in a federal court to support her case:

  1. Sixth Amendment: This amendment guarantees the right to a fair trial, which includes the right to counsel (the right to have legal assistance, including a public defender), the right to confront witnesses, and the right to be informed of the charges.

  2. Fifth Amendment: This amendment provides the right to due process. If Michelle was not informed of her rights, this could be a violation of her due process rights.

Depending on the specifics of her case, she may also argue violations under the Fourteenth Amendment, which incorporates the rights from the Bill of Rights and extends them to state actions, ensuring that states also provide due process and equal protection under the law.

Overall, the strongest amendments for her case in federal court would be the Fifth Amendment and the Sixth Amendment, along with potential references to the Fourteenth Amendment.

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.
(1 point)
Responses

1st
1st

2nd
2nd

6th
6th

10th
10th

14th
14th

19th

In Michelle's case, she could cite the following amendments in a federal court:

  • 6th Amendment: This amendment guarantees the right to counsel (including being assigned a public defender), the right to confront witnesses, and the right to a speedy and public trial.

  • 14th Amendment: This amendment addresses due process and equal protection under the law, which can be relevant in cases involving state actions that may infringe upon an individual's rights.

The other amendments listed (1st, 2nd, 10th, and 19th) are not directly applicable to her situation related to her arrest and the rights she was denied during the legal process.

So, the correct responses would be:

  • 6th
  • 14th