Due Process of Law: Crash Course Government and Politics #28
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- Опубліковано 1 жов 2024
- This week Craig is going to continue our discussion of due process. Technically, we started last week with the 4th amendment and search and seizure, but this week we’re going to look at the 5th and 6th amendments and how they ensure a fair trial. We’ll talk about some stuff you tend to hear a lot on tv, like your right to an attorney and a jury of your peers and also terms like “double jeopardy” and “pleading the fifth”. Now, this stuff can get pretty complicated, which is where lawyers come in handy, but it’s important to know your liberties to keep the police and other judicial officers in check.
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You guys should do an entire crash course on law.
jbjba12345 I’m 3 years late but I don’t think you understand how complicated law is. Not even politics completely understand law, that’s not a dig its just true
@@SDCBEJ I'm 2 months late but they could break up law into multiple different crash courses.
YES!!!! On Crash Course's newest video I said that. i hope that they do law 🤞
No they shouldn't. These videos make a lot of mistakes on the finer nuances of legal issues. At the very least, get real lawyers to write the scripts of these videos
No fair for using Phoenix Wright as clickbait.
Yeah, you didn't even use the objection sound
Selena C I will prosecute someone for this
Selena C You must have an objection to this. ;)
Selena C I'm pretty sure there's a legit objection to this but I can't remember what it is.
OBJECTION! At least it wasn't a picture of someone's breasts hanging out of their shirt, like most clickbait.
i wonder if any high profile lawyers play ace attorney
TheUltimateBeing01 I don't think those ever claimed to be how the courts worked.
TheUltimateBeing01 To be fair, Ace Attorney is based on the Japanese justice system, which is significantly different from the American one. Although on the other hand it does have its fair share of inaccuracies even then, and it doesn't help that the American localization of the game tries to place it in America.
Committing Sudoku They play "Objection! Your Honor." It's a real game that teaches the rules of evidence pretty accurately.
I've only played Phoenix wright vs professor Layton, so it might be different in other games, but in that one you pretty much have to prove your clients innocence as opposed to the other way around
+pianoguy222 Huh? what's a dragon Fruit?
Thank you!!!!! I will try to remember to not ask for coffee when am I get arrested.
OBJECTION!
See, the real point of discussion here is whether it's a stepladder or simply a ladder.
Or... is it a folding ladder?
Leliana It's a taco. A bad taco, but a taco.
You need to stop making narrow-minded assumptions.
You need to love life to the fullest
+Leliana What's the difference? You need to stop looking at things from a narrow-minded cultural perspective ;)
Leliana What's the difference? In scientific terms, please.
Objection! Phoenix Wright uses the old Japanese legal system! Damn clickbait!
Saw Phoenix Wright in the thumbnail and I instantly clicked this
Pretty sure my best friend decided she wanted to become a lawyer after playing Ace Attorney....Thankfully she realizes court doesn't work like the game.
But it should.
Using Phoenix Wright instead of Godot aka the coolest goddamn prosecutor in the history of humankind? Instant dislike.
+Godot They didn't want you, cuz,ya know, coffee breath.
nobody understand Coffeenese beside you
Education is always the solution, but why have socialism if these advances can be misused when order is not around. Socialcentricism defines the upmanship in competition, cause socially the issue will never be justified by judiciaries, which checks the the state in which the misconduct took place. Socialcentricism is discriminating by social levels through social order, not social equality. A new act must be placed in the Constitution for all states to obey
This stuff is quality. I don't know a thing about law and am taking an onl class for aviation law. I am glad this guy can explain this stuff. I am learning more from these videos than the course.
Do keep in mind that if you ask the cops for coffee you are in effect waving your right to remain silent and have to reestablish that right otherwise they can start interrogating you.
Clicked for Phoenix Wright.
Clicked for wheeeeeeezywaiteeeeer!
Henric von Winklebottom Same!!
Henric von Winklebottom Which is funny because due process is all messed up in Phoenix Wright.
Henric von Winklebottom same
omg i wanst the only one
I wish to exercise my right to use a magatama saturated with magical spirit medium powers in conjunction with a bracelet that allows me to sense habitual twitches when people lie and a necklace fitted with the ability to perceive and categorize human emotion in order to defend myself in court.
Urk!
(Surely the there's an answer somewhere in the court record!)
Jason Maa Wouldn't you prefer solid logic?
G'day,
Yay Team !
Well, you have the right to represent yourself, but only if you can cope with having a Fool for a client...; on the other hand, the Bench is obliged to intervene and prevent any Self-Represented Litigant, Plaintiff or Defendant, from losing any "otherwise win-able Case" due to their ignorance of the Law..., it makes them look like idiots if they do, when the matter is overturned on a later Appeal...
So, you can teach yourself to Fly, if you reckon you have the talent for it...; even in a Courtroom...
As to defending yourself at Law by invoking Magic and Divination to establish the Veracity of "Evidence"..., well you can Swear on ANY Religious Tome you might care to bring to Court, it doesn't have to be a Judeo-Christ-Islamic Torah/Bible/Koran..., or you can Affirm to tell Godless Truths by all of Atheism's most sacred Deities...
So, feel free to hand up a Grimoire of your Choice for the Bench to examine, before swearing an Oath to Merlin the Magician or the Wiccan Earth-Mother, or whomsoever, and feel free to represent yourself as well...; if you care to try to double up and do both at once then be warned - it's tricky but it can be done..., however if you try to Burn Incense, Cast Bones, Wave Wands, or otherwise perform Magic Divining Rituals in Court, then I prophesy that thou shalt lose that Case, badly, and go down in a shower of Bad Shit for thy troubles and tribulations...
;-p
Ciao !
TheMilesEdgeworth I acknowledge logic as a vital tool, but I believe its place is outside of the courtroom for the law can only go so far.
TheUltimateBeing01 Well...to be fair, even using logic is a series of randomly selecting answers until you're correct although probably in a more reasonable manner than presenting evidence.
That is partly how it works, you can't just walk away, after being told "you are not under arrest" if there is indication a crime was committed or being committed and an officer is conducting an investigation or fact finding. And there is indication you are a participant or witness. You are compelled to stay.
Eventually, one of the CC science series will get around to telling us about Dew Process and the circle will be complete.
None of this matters if the police aren't educated well enough to know this stuff themselves. Police receive more shooting training than they receive civil rights training. The fact that police can get away with murder also means none of this matters because the police will never be punished for ignoring all your rights.
~95% of comments: "OBJECTION! PHOENIX WRIGHT CLICKBAIT!"
The remaining ~5%: "Yeah, you should probably also ask if you're free to leave if you ask if you're arrested and they say no."
I love watching Craig's videos in 0.5 speed because he sounds like hes drunk! :)
Mason Lance funny
Good tip ty kind sir
+Mason Lance plot twist: He is
Really (+_+)
Dear Crash Course, Thank you for the amazing work you do. I have learned a tremendous amount about the world we live in through your videos. You a awesome group of people, I just wish there were organisations like yourself doing similar work for the UK. I know that most of the topics you cover are not specific to the US e.g. the sciences but it would be great to learn about government and politics of here. Thanks and keep doing what your do
Phoenix wright liked this video
Ty Hawke .... Simon Phoenix?
Don't ask for coffee... Fingerprints, man! On the coffee cup. That is just indirect self-incrimination, but that is allowed. Don't talk to anyone, but also don't touch anything. Give them nothing to use against you.
+quantumperception You can generally be compelled to give fingerprints anyway (after due process). Miranda protection prevents you from incriminating yourself with your words or actions, whereas fingerprints is treated more like a personal search. That being said; sitting down, shutting up and saying you refuse to answer any questions until you have an attorney is still the best course of action.
It's also worth mentioning that these rights tend to provide less protection when there is a clear and immediate threat to the public. If you are asked while you are being arrested where your firearm is, you having just committed an armed robbery; generally you would probably not be protected if you had not been informed that you had the right not to answer, the threat to the public outweighing normal procedures.
Crash Course PLEASE CLARIFY!!! Miranda rights only apply if the police are questioning you AFTER an arrest. Police can ask you questions prior to arrest. Upon being arrested AND upon being questioned you shall be advised of your rights. Simple equation (Arrest + Questions = Miranda). Understand the terms "Custodial arrest" and "Consentual contact".
OBJECTION!
#AceDetective and #ImAWeeaboo
This was not very sound legal advice. Whether or not the police must mirandize you is based on very specific circumstances. This is only required if you are in custody and they ask you a specific question about a specific crime. It is possible to be legally arrested and never be read your miranda rights. Also, being arrested and being detained are two different things. If you have been arrested you are going to be charged with a crime. You do not even need to go to jail immediately for a crime that warrants an arrest. Individuals may be released on their own recognizance if they are deemed not to be a flight risk. If you are detained you are still not allowed to leave the officer's presence, but are not necessarily going to be charged with anything. While it is important that we as a society hold law enforcement accountable, the time to do it is not while you individually are the subject of an investigation. Most people are not well educated when it comes to criminal procedure and can get into more trouble than they already are if they try and challenge the police.
Objection! I'm first...
You can be detained without arrest. When this happens it is often for the purpose of investigation and you can not leave. For instance, if you match the description of a suspect who just committed a robbery only a block away, you can be detained until they can determine if you are the person they are looking for. You are not under arrest, but at no time during this process can you walk away.
digdougx lo
Pop quiz: Does this really work for every and any US citizen???
Love these videos! Very informative and helpful. Keep em comin!
Nobody ever talks about the 3rd amendment.
And all of that doesn't matter if you are accused on college campuses.
Universities get government funding to have their own, I guess you could call it, "court system". Which is why they try to keep stuff in house, unless they royally fuck up like in the recent rape case at Baylor.
Blacktivist They have their own court system that's true - but their system shits on the constitution like it doesn't even matter to them.
Minyaw True that.
Minyaw The constitution doesn't mean diddly on private property.
TheBreezyTrousers TIL all universities are private property (lol) and the constitution that actually gives you the right to private property, is meaningless on your private property. How are you even able to call something "yours" with that believe.
Please please please create an accreddited course you guys would make so much money and I would love to learn through this channel.
Tis better that 1000 guilty people go free than one innocent person go to prison!
A small nitpick when you say to ask for a lawyer if you are under arrest and nothing else: You must verbally indicate that you are indeed invoking your right to silence or the police are allowed to continue to question you.
Stan has some good puns. Crash course in general has a lot of content that can be super helpful as well as entertaining, like great puns. Thanks Stan! And thanks Craig!
What the fuck. You're not a Greene.
+Youngster Skaymore You're not a youngster.
I really love your videos. I'm sure I would have dropped out of school much sooner had I seen your videos earlier. however there bees some misinformation in this episode.
The video says right to counsel applies only to felonies. correct test = any jail time as punishment.
Also the video implies the 14th amendment applies the grand jury requirement to States when it dont.
Phoenix Wright!
And if the police finds a vast amount of cash on you they can arrest the cash and if you want it back you'll gonna have to prove that the cash is not guilty of any crime.
Many states have found and allowed a loophole in the fourteenth and fifth amendments, particularly the "shall not seize property without due process of the law," in the form of Civil Forfeiture.
Civil Forfeiture is when the police don't try and accuse you of a crime, they try your property and accuse IT of a crime. All the police need to prove is that the property could of been used, or might in the FUTURE be used in a crime. So, the police find you driving around with a large amount of cash in your trunk (which they found after a drug sniffing dog got false positive on your car for drugs), the police can take your money and then use it to boost their department budgets. It is then up to the person who's property was taken by the police to prove their own property is innocent.
While I doubt the constitutionality of the practice, since it is taking your property without due process of law and using your property for public service without just compensation, no one has yer brought an appeal against Civil Forfeiture to the Supreme Court.
aswell as that people usually need a lawyer to fight there case for there money back, but usually the lawyer costs more than the money taken
+notbobby125 Civil forfeiture = Armed robbery and treason.
Very true.. Richmond Virginia police officers got away with armed robbery ...they didn't give her a form....to come...to Court just took over 2,000$ and then...started harrasing me after i reported it. With threats and illegall intrusive surveillance and out right Stalking.
Only watched this for Phoenix Wright in the thumbnail
Nerding out because of Phoenix wright
😂
My teacher showed this to us
This video is very helpful!
I love your videos Craig!! But you did not punch the hawk today! are you okay??
Did they get a bigger eagle?
I'd like to see them doll an anvil up as an eagle and have Craig take a punch at it.
Not really, I enjoy Craig's episodes.
But, an eagle-anvil would be pretty neat!
U guys should do European history. Plez!! :)
I'm a simple person. I see Pheonix Wright, I click.
State cannot be plaintiff, there is no way for them to prove you are physically located IN the state/plaintiff and that its codes apply to you. They do not abide by due process.
When you speed up the video to 2x, you can see that the camera bobs up and down.
wait, double jeopardy only apply for the same crime? so phoenix wright (and every law base tv show) is wrong when they say double jeopardy is when you cant be trial for a crime after you being convicted with another crime... now i'm going to watch this crush course to see what misconception i have about the law no thanks to law video game and tv show...
+Calvin Zero Yes. If you kill someone but are found innocent (acquitted), you cannot be tried for killing the same person again. However, if you go and murder someone else, or commit another crime, you can be tried for it. Also, if you are found guilty of one crime, you can be found guilty of another too (for example, murder and illegal possession of weapon).
I would have brought up about being detained. you can't just get up and walk away from the police when they tell you to "come talk to me"
we should really get lawers to play law games. they should play some law games.
Love having Mr. Wright in there. But no Mr. Edgeworth?
Its a shame that poor toy eagle doesn't have any protection.
So why doesn't the Fifth Amendment bar civil forfeiture?
Cuz it's a crime levied against property not an individual...yeah stupid
Craig Benzine Do you think Trump will get far?
The Netherlands has a similar politician that spoke his mind, but he did not deliver much
One thing to consider about maranda rights is that if the police have no interest in questioning you then they do not have to tell you your rights when arresting you. So you may not be told your rights until you get to the station or perhaps even later.
like goes to the ACE ATTORNEY! or I can call Gyakuten Saiban!!
7:40 I wonder if it's better to have a heavily flawed and corrupt system, or no system at all?
I thought that the Miranda warning was only required to be given before *interrogation* (even though anything said to the police after arrest but before any Miranda warning can still be used against a suspect).
James Lewis It's only required before custody AND interrogation. They can interrogate you while you're not in custody, and they can keep you in custody while not asking you questions -- and neither situation requires a Miranda warning. Custody + interrogation = Miranda.
you are typically only read your Miranda rights before being questioned about a felony, or before speaking to an investigator where you are the subject of the investigation.
it's not federal law that you be read your Miranda rights after being arrested by an Officer. only before questioning about your case. it's why cops don't read you your rights before they ask if you have Insurance.
can you do an episode of the indefinite detention clause without trial, of the 2012 national defense authorization act?thanks!
Love the Phoenix Wright reference
(also I hope Capcom brings the Great Ace Attorney over here)
I aint gonna lie, I watched because I saw Phoenix.
"Judication!" ( *Chops Eagle* )
YES PHOENIX WRIGHT I LOVE YOU GUYS
Very much fascinated with Crash Course.
*sees Phoenix Wright* *clicks*
I think the double jeopardy thing should be changed to account for new technologies. Here in Germany we recently had a case where a girl was raped and murdered in the 1980's but the alleged rapist/murderer was not convicted due to a lack of hard evidence and set free. 20 years later DNA testing proved beyond doubt that he in fact was the killer but then he couldn't be prosecuted again. Now the father of the girl has been suing and fighting for almost a decade to get some justice and closure but so far to no avail. I know there are many cases like this and I don't think it's right. In professional sports your blood and urine samples are frozen and tested again after years if new doping detection tests are available and if they find any illegal substances you can still be stripped of your titles or suspended or fined after years, basically until you retire and even then your reputation and legacy are ruined. I think if this goes for PEDs in sports, it should definitely go for murderers and rapists. It sickens me to know that there are rapists and killers walking free and everybody knows what they did because by now it has been scientifically proven but nobody can do anything about it and they know it, too.
This is not helping me... next video can you guys maybe slow down the information? that would be greatly appreciated. Thanks.
Rebecca Dell'Aera Try changing the playback speed to 0.75 if you want it slower
If your intention is to make the listener understand the subject,why you talk so fast ? It hinders comprehension and defeats your purpose.
I like Craig as Arthur Dent in the thought bubble :-)
It´s very similar with brazilian´s constitutional laws ... That right is secureted on 5 article on the constitucional text and say same thing. The Only diference is that constitucional law here is very extensive, because talk about so much dateils from policy life. But I think better a no extensive legal topics and subjetive on constitucion, because it would let the state more powerful
Um… do you have any actual lawyers reviewing this?
a) You do not have to get Mirandized unless in custody (not only "arrested") *and* they intend to interrogate you. If they're just arresting you but aren't about to interrogate you, no Miranda warning necessary.
b) You do not always get to walk away if you're not under arrest - you might be being detained. Still not free to go.
Its seriously dangerous to tell people they can walk away without asking about being DETAINED; the guy below got off lucky with only getting charged with resisting- lucky in that he seems to be in good enough health to write a youtube comment...
I guess I have solution, get educated. But lol, I know I won't be the one, cause some obsessed greedy person have their own individual functionalism and will discriminate the active process in the origin ownership. So, I play a game, mission given to actively keep a consistent social trend, and one day the acts will be identified, triggering schema baby
One comment wrong in this video, which is a myth perpetuated by tv. Police do not have to read Miranda as soon as they arrest you. They only must read Miranda prior to asking investigative questions, which could take place back at the station well after your initial arrest. Also administrative questions can be asked prior to Miranda, "What is your name, address, etc"
It's a tragedy that, although the police are usually very much aware of an individual's procedural and other Constitutional rights, detainees rarely are. This is especially true of minorities. Schools devote little, if any, effort to teaching the practical meanings and implications of our Constitution. Prosecutors, who are officers of the court, work too closely with the police. They are often personally familiar with the police. Thus, cases may be brought on other than substantial evidence and convictions obtained despite procedural and evidentiary irregularities. You are entitled to a fair trial not to justice. You have to fight for justice.
Don't forget about the presumption of innocence!
I need to correct you where you suggest that a person ask if they are under arrest and if the officer responds no they are free to leave. If a police officer reasonably suspects you of committing a crime they can detain you for a reasonable amount of time in order to conduct the proper investigation, whether that be frisking, asking questions, or doing a show up with the victim. Precedent for this was set in Terry v Ohio. Just follow orders that police give you, and do not act like you know their jobs better than they do. If you do not believe you are being treated properly by police you get their name and badge and make a complaint or go see a lawyer.
Craig- Outstanding job explaining due process. My students loved this episode (and you)! Keep up with the great videos!
Never understood why legal scholars didn't think the Supremacy Clause applied to the 5th amendment. If the federal government has to do it and its federal law then States obviously have too also. Section 1 of the 14th amendment seems moot...but whatever doesn't matter at this juncture anyway.
You lost me at *potential and *terrorist. Flimsy stuff. If that's a precedent, then there isn't one.
The U.S. Constitution is a brilliantly drafted document that is worthy of studying and adoration.
Haha Red Flag law. Haha Castle Rock v Gonzales and DeShaney v Winnebago.
Hey CrashCourse there's a typo in your title, it should be episode #28 like it says in the thumbnail! :)
You thought you could slip in that SNL Celebrity Jeopardy! with Will Ferrel reference without me noticing. You were wrong.
you stated that police must tell you that you have the, "right to remain silent."
The only time miranda is required is when there is custody and interrogation....... If I arrest a person an dont question them regarding their crime, I dont have to read miranda.......
damm you i should be the first , hold it!
What about pleading the 5th, can someone still plead the 5th if connected to a PSC which mimics law enforcement and is fueled mostly by corporate needs not governmental or public service needs?
I have a question. Let's say that "X" committed a crime, has been arrested, and is on trial. Now, for some reason X falls and hits his head and is in a coma. Can the government continue with the trial when X is in a coma? i.e. can the state try me when I am in an unconscious state or in a state when I am not aware of the trial. However X did commit the crime and is on trial. Thanks.
I like the advice at the end, but i'v seen more then a handful of videos of people not being detained, and not under arrest try, and leave and end up getting beat up, shot or arrested. Considering the police state we live in if you hold your life dear just do what they say, and don't argue. The worst crime you can commit is questioning a cop.
wow phoenix wright and bmo made it into this one
Remember: It's "Am I under arrest?" in a polite tone, not "AM I BEING DETAINED" in a rage-filled, murderous tone.
So does double jeopardy not apply to things that won't cause you to lose your life or a limb? Like if I committed fraud and they couldn't prove it the first time but then they got more evidence, could they reopen the case? Or is fraud a civil violation?
Don’t mention notice and opportunity to be heard under procedural due process??? There’s a chunk missing here that lies at the heart of procedural due process.
Why is Crowley from Supernatural teaching me about politics? And why does he have a Wisconsin accent?
This isnt in effect anymore we have no rights
online school 2020
Jurisprudence. Jurisprudence. Jurisprudence.
...
Jurisprudence.
What if you ask the cops if you're under arrest and they keep grabbing at you and place you in handcuffs?