Due Process of Law: Crash Course Government and Politics #28

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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[@jbjba12345]

You guys should do an entire crash course on law.

[@SDCBEJ]

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

[@abrahammekonnen]

@@SDCBEJ I'm 2 months late but they could break up law into multiple different crash courses.

[@cesardachimp8172]

YES!!!! On Crash Course's newest video I said that. i hope that they do law 🤞

[@mdifranco7]

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

[@exodia6579]

Thank you!!!!! I will try to remember to not ask for coffee when am I get arrested.

[@SelenaC_anime]

No fair for using Phoenix Wright as clickbait.

[@YoungsterSkaymore]

Yeah, you didn't even use the objection sound

[@TheMilesEdgeworth]

Selena C I will prosecute someone for this

[@anti_MATT_er]

Selena C You must have an objection to this. ;)

[@AK-lg8fj]

Selena C I'm pretty sure there's a legit objection to this but I can't remember what it is.

[@graytiamat]

OBJECTION! At least it wasn't a picture of someone's breasts hanging out of their shirt, like most clickbait.

[@occams]

OBJECTION! See, the real point of discussion here is whether it's a stepladder or simply a ladder. Or... is it a folding ladder?

[@truboo4268]

Leliana It's a taco. A bad taco, but a taco.

[@TheCactuar124]

You need to stop making narrow-minded assumptions.

[@kal3lll]

You need to love life to the fullest

[@Klemeron]

+Leliana What's the difference? You need to stop looking at things from a narrow-minded cultural perspective ;)

[@AlphaCrucis]

Leliana What's the difference? In scientific terms, please.

[@pennyfarting]

Clicked for Phoenix Wright.

[@dragonkn707]

Clicked for wheeeeeeezywaiteeeeer!

[@coltbolt6193]

Henric von Winklebottom Same!!

[@JunohProductions]

Henric von Winklebottom Which is funny because due process is all messed up in Phoenix Wright.

[@YamisQueenJess]

Henric von Winklebottom same

[@Theodora111Theo]

omg i wanst the only one

[@CommittingSudoku]

i wonder if any high profile lawyers play ace attorney

[@pianoguy222]

TheUltimateBeing01 I don't think those ever claimed to be how the courts worked.

[@pennyfarting]

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.

[@MortimerZabi]

Committing Sudoku They play "Objection! Your Honor." It's a real game that teaches the rules of evidence pretty accurately.

[@YoungsterSkaymore]

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

[@angrynoodletwentyfive6463]

+pianoguy222 Huh? what's a dragon Fruit?

[@careecampbell2118]

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.

[@milespi5556]

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.

[@We_know_somethings.....]

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

[@thesquirrelisking]

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.

[@jackspall4562]

Love these videos! Very informative and helpful. Keep em comin!

[@AGknowStick]

Very much fascinated with Crash Course.

[@michaelsollitto1445]

Craig- Outstanding job explaining due process. My students loved this episode (and you)! Keep up with the great videos!

[@chrisrtinton6494]

Great job! Thank you! Quick and painless!

[@assassinblackop]

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.

[@TheFireflyGrave]

Eventually, one of the CC science series will get around to telling us about Dew Process and the circle will be complete.

[@cfhmediaman]

Will be using this in my class!!!

[@josse9867]

Saw Phoenix Wright in the thumbnail and I instantly clicked this

[@cheesecoffy]

Please please please create an accreddited course you guys would make so much money and I would love to learn through this channel.

[@electromika]

Objection! Phoenix Wright uses the old Japanese legal system! Damn clickbait!

[@astromonger]

Thanks Craig.

[@jasonmaa1704]

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.

[@jasonmaa1704]

Urk! (Surely the there's an answer somewhere in the court record!)

[@TheMilesEdgeworth]

Jason Maa Wouldn't you prefer solid logic?

[@WarblesOnALot]

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 !

[@jasonmaa1704]

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.

[@jasonmaa1704]

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.

[@jony4real]

I like Craig as Arthur Dent in the thought bubble :-)

[@tyhawke3916]

Phoenix wright liked this video

[@Shakis87]

Ty Hawke .... Simon Phoenix?

[@CG64Mushro0m]

My teacher showed this to us This video is very helpful!

[@SweeturKraut]

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".

[@tuckersabath4984]

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!

[@jasonvernier9620]

Thanks Craig

[@oibal60]

Thanks for this.

[@karebear725]

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.

[@digdougx]

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.

[@purposefamiliaelias4062]

digdougx lo

[@andrewlipp1428]

I am using your videos to pursue a section 1983, thank you.

[@DeadAccount43_]

Thank you

[@nathansteele75]

The comma in the takings clause :)

[@JohnPetrucci73]

YES PHOENIX WRIGHT I LOVE YOU GUYS

[@masonicrl1]

I love watching Craig's videos in 0.5 speed because he sounds like hes drunk! :)

[@freebird2924]

Mason Lance funny

[@miek0]

Good tip ty kind sir

[@DrHotep]

+Mason Lance plot twist: He is

[@esterhernandez9468]

Really (+_+)

[@Rosenberg95]

That Phoenix wright reference though!!

[@vibratehigher2441]

Thanks

[@truboo4268]

~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."

[@notbobby125]

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.

[@domenicfieldhouse5644]

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

[@6StimuL84]

+notbobby125 Civil forfeiture = Armed robbery and treason.

[@juanitafalin7636]

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.

[@barbt.9211]

Great Job

[@HollywoodWestern]

very good!

[@verrerdise]

I SCREAMED AT THE PHOENIX WRIGHT

[@DuranmanX]

Love the Phoenix Wright reference (also I hope Capcom brings the Great Ace Attorney over here)

[@nsnick199]

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.

[@minyaw1234]

And all of that doesn't matter if you are accused on college campuses.

[@iamdrew1320]

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.

[@minyaw1234]

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.

[@iamdrew1320]

Minyaw True that.

[@Green815]

Minyaw The constitution doesn't mean diddly on private property.

[@minyaw1234]

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.

[@TheJaredtheJaredlong]

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.

[@KingdomKeeperGirl]

Nerding out because of Phoenix wright 😂

[@nina-patriziac.maute-jovic3074]

thanks for saving my life .. anglo american law tomorrow ..

[@thepersona3geek89]

OBJECTION! #AceDetective and #ImAWeeaboo

[@mustang6172]

Nice mention of the star chamber.

[@RYN988]

The U.S. Constitution is a brilliantly drafted document that is worthy of studying and adoration.

[@wyvernmonarch7]

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.

[@frondaro]

can you do an episode of the indefinite detention clause without trial, of the 2012 national defense authorization act?thanks!

[@quantumperception]

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.

[@Jacob-Day]

+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.

[@mgrey24]

Phoenix Wright!

[@DSQueenie]

In the UK you can bring private criminal prosecutions, but it's rare.

[@thehsushoe]

Just dropped a like for the Phoenix Wright on the title card.

[@benaaronmusic]

"Judication!" ( *Chops Eagle* )

[@fakjbf3129]

Actually they only need to give you the Miranda Rights before questioning you, not when they first take you into custody. And since many states have you sign a document stating that you understand your rights, and that's hard to do in handcuffs behind your back, it's rare to be told them beforehand. But just because they haven't told you them doesn't mean they don't apply, if you start chatting your head off on the way to the station that can still be used as evidence even though you haven't been read your rights yet.

[@coltbolt6193]

OBJECTION!!! HOLD IT!!!!! the only words Phoenix Wright says

[@noahmalamut1246]

wow phoenix wright and bmo made it into this one

[@LifeInspector]

Craig, you said that if you're not under arrest, you can walk away, but there is also "being detained" which isn't being under arrest, but you can't just walk away.

[@phant_2021]

Good job Thought Café for the Phoenix Wright reference. ;) Now the comments shall be turned into a comical courtroom...

[@TiagoDeMesquita]

I love your videos Craig!! But you did not punch the hawk today! are you okay??

[@ParanormalCacti]

Objection! I'm first...

[@Flowtail]

7:40 I wonder if it's better to have a heavily flawed and corrupt system, or no system at all?

[@subjectt.change6599]

Don't forget about the presumption of innocence!

[@SkywalkerAni]

Love having Mr. Wright in there. But no Mr. Edgeworth?

[@jaejoongiex]

PHEONIX WRIGHT

[@VogaYoga]

What a world I live in.

[@mitchkat123]

OBJECTION! ☺️

[@JamesLewis2]

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).

[@cj-seejay-cj-seejay]

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.

[@zainaku]

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.

[@coconutologist]

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!

[@RobertJohnson-sc1vz]

You barely mentioned it, Do you have another video explaining the Gideon VS Florida case?

[@Jinx-il9jo]

3:34 insert cinemasins reference here

[@kalli_ivy]

Lol why does the Navy guy have BMO from Adventure Time?? XD

[@ayushbishnoi8026]

You guys need to make a physics section.

[@susanmano6977]

can you include quiz questions to the crash courses

[@kamush4172]

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?

[@laurensimon3562]

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?

[@georgecrutchfield8734]

Tis better that 1000 guilty people go free than one innocent person go to prison!

[@TheUpsidedownkitty16]

I aint gonna lie, I watched because I saw Phoenix.

[@ronaldswinehart]

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.

[@diegooliveiradesouzateixei5048]

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

[@somphothbsiratsamy3748]

So how do fight these political misconducts w/o going through state courts

[@Fynedge]

Ok, so how does the appeal process (which could be exercised by either side of a case) interact with the double jeopardy idea? Isn't an appeal in fact a second attempt?

[@Zeldaschampion]

Its a shame that poor toy eagle doesn't have any protection.

[@kaseywoody588]

Craig can you do a video about why the police are allowed (legally) to lie to you (when a person is in their custody) but you (as the citizen) are not allowed to lie to them?

[@taylorlaurenstein]

You guys should do something on litigation, and the us legal system... Or is there one already 👀

[@philliphunt6204]

Nice shirt Craig, where can I pick one up?

[@SigalStein]

When my husband filed for a divorce I thought that it would be easier to hire an attorney than to study the law. I was wrong. Attorneys don't have to represent the party's interests and use the entire body of the law to wave the rights of an entitled party. I was successful in firing two attorneys. The first, Bonnie Shields, asked to appoint a guardian ad litem to me - but didn't understand the scheme. She used old and outdated methods. I filed a request to accept her resignation before she filed her motion suggesting that I'm a paranoid schizophrenic and that she is very concerned. Magistrate Moss had Shields dismissed right away. The second attorney asked to move my case to Judge Angela Arkin - who refused to fire him and also appointed a guardian ad litem in unrecorded hearings through misconduct. I filed a request to accept his resignation before the GAL was appointed, again spoiling the scheme. The idea behind the appointment of a GAL is that the attorney can wave the legal entitlements of the party, but the party won't be able to fire them because only the GAL can appeal on her behalf. I now had to study not only statutes, court procedures and Rules of Professional Conduct, but also the Colorado Appeals Rules - and all with a stressful schedule as Judge Arkin was rushing. My husband is allowed to deny the domestic assault of 10/11/13 because the judge prevented me from entering the courtroom as his case was sealed - so I was in fear for my life and too injured to move out of the marital home. Magistrate Moss let me reside there while proceedings are on. I discovered that the West Law Series is extremely easy to understand. There is nothing about the law that is complicated. There is not much left of the law either - each time a judge suspect that the Law of the Land contradicts her kickback and bribe potential she informs a justice. The Court Improvement and other committees immediately pass new court rules and local laws to avert the danger of decreased litigation or pro-se representation. Study C.R.C.P 15(4) (replace the C for Colorado with the first letters of your state). In the case of pro-se litigants the judges don't record hearings and issue fabricated arrest warrants to prevent appeals. Court's clerks are supervised by the judicial district's chief judge and are expected to endorse fraudulent documents. My friends who hired attorneys went down faster and stronger than I did. Going pro-se kept me in the marital house for another year - extremely important considering all the fractures and skeletal injuries from the deniable assault. I also enjoyed the monthly maintenance that Magistrate Moss prescribed and medical care. In the end, Judge Arkin held illegal hearings and did illegal things and I didn't get half of the marital home or half of the marital estate or any financial compensation for my injuries. The attorneys and judge are enjoying these. But I was going to get a lot less if I had not fired Bonnie Shields and Robert Wolf timely. Please write congress - disassemble the judicial branch and save billions weekly on appointments by judges. Why pay billions if they don't uphold the law at all? Replace with DORA regulated magistrates - no judges, no attorney of record and no justices. A more complete plan on my page.

[@Kowalskithegreat]

wow

[@justagrump5627]

Defense attorneys mainly either try to fulfill their client's wishes, or try to find the truth.

[@jamessang1704]

Gosh! You understood the ins and outs of law quickly!

[@G0ldkloud]

You thought you could slip in that SNL Celebrity Jeopardy! with Will Ferrel reference without me noticing. You were wrong.

[@jebus6kryst]

What if you ask the cops if you're under arrest and they keep grabbing at you and place you in handcuffs?

[@thisguyshere6675]

we should really get lawers to play law games. they should play some law games.

[@dominicforget2657]

Phoenix Wright is in your thumbnail!? OMG!

[@roberteleeallamericannocol1897]

Out of state attorney's in wisconsin bishop skeeter repellent nijer

[@anniezhang4205]

ITS PHOENIX WRIGHT IN TE THUMBNAIL AHHHH

[@Daveraide]

Miranda warning only applies for custodial interrogation, not for an arrest. just to help all of you law enforcement majors studying for a test.

[@XaurielZ]

Nobody ever talks about the 3rd amendment.