Rights of Accused Persons April 22, 2013 Objective: To Understand the rights you have as an accused person in the United States

6/12/20162 I. Double Jeopardy-5 th amendment Definition: may not be tried twice for the same criminal offense Exceptions: –Crime violates state and federal law  tried at both levels –Mistrial (NO unanimous verdict)

6/12/20163 II. Counsel-6 th amendment Two court cases provide for counsel: –Gideon v. Wainright, 1963-States (Incorporation) –Johnson v. Zerbst,-charged in federal court- Majority of Court Cases are federal or state? STATES

6/12/20164 III. Speedy and public trial (6 th ) 1.Speedy trial: No unreasonable delays- “as speedy as possible” 2.Public trial: bans govt. from conducting trials in secret- trials are open

6/12/2016Templa5 IV. Trial by jury/witnesses 6 th /7 th 1.Jury-guaranteed in criminal cases 1.Plea bargain 2.Jury-guaranteed in federal civil cases 3.Suspect  Witnesses 1.Bring them his/her behalf 2.Confront (cross)

6/12/20166 V. Excessive bail and fines-8 th Bail must bear relationship to: –Gravity of the offense –Likelihood that the suspect will “jump bail” Denial of bail does not constitute excessive bail (murder) Fine must be proportionate to the offense

6/12/20167 VI. Cruel and Unusual punishment-8 th Punishment must fit the crime (proportionate) Death Penalty-not cruel and unusual Atkins v. Virginia, 2002 Ewing v. California, 2003 (upheld California’s “3 strikes”-did not violate 8 th amendment) – “Most serious offenses”