Chapter 6 Due Process and Other Protected Rights Section 1 The Rights of Criminal Defendants

© EMC Publishing, LLC Protecting the Accused  The Bill of Rights protects American citizens from the abuse of governmental power.  It does this by providing checks on the ability of the U.S. government to prosecute its critics.  If a person is accused of illegal activity, he or she is presumed innocent and entitled to due process.

© EMC Publishing, LLC Presumption of Innocence  The presumption of innocence means that an accused person is presumed to be innocent until proven guilty.  The burden of proving someone guilty is on the government.  In a criminal case, the government must use evidence and witnesses to prove beyond a reasonable doubt that the accused is guilty.

© EMC Publishing, LLC Due Process  Due process of law means that the accused must: Hear the charges and evidence against him or her Have access to legal counsel (a lawyer) Receive a fair trial  Due process is a right of every American citizen.

© EMC Publishing, LLC Searches and Seizures  Writs of assistance were orders allowing the British government to enter and search colonists’ homes.  Colonists called those general searches “grievous and oppressive.”  In the Bill of Rights, the founders included the Fourth Amendment, banning “unreasonable” searches.

© EMC Publishing, LLC Searches and Seizures  Today, government agents (usually the police) must obtain a search warrant before entering a private home.  Search warrants are orders from a judge specifying who and what is to be searched and what evidence is being sought.

© EMC Publishing, LLC Reasonable Searches  Police may conduct a search without a warrant if they have probable cause.  Probable cause is a reasonable belief that a crime has taken place.  Example: Police may search an automobile if it is parked outside a bank where alarms are going off and someone is stuffing money bags into the trunk.

© EMC Publishing, LLC Your Turn Helpful technology, including credit cards and the Internet, has created problems such as identity theft. The United States must find ways to stop cyberspace criminals without violating the Fourth Amendment. Which of the following types of electronic surveillance should the U.S. government be allowed to conduct? Explain your answer. a.Camera b.Cell phone c.Internet d.GPS

© EMC Publishing, LLC Drug Testing  Drug testing often involves taking a blood or urine sample, which is usually considered an unreasonable search.  The U.S. Supreme Court allows drug testing when the violation of privacy is outweighed by a legitimate governmental purpose.  Examples: Mandatory drug testing is allowed for: Train conductors and airline pilots Public school students involved in extracurricular sports

© EMC Publishing, LLC Obtaining Evidence  The exclusionary rule bans evidence obtained illegally from being used to gain a conviction in a trial.  The good faith exception says that even if certain evidence was obtained illegally, it may be used to gain a conviction if the police based their actions on a warrant or a law that they believed to be constitutional.

© EMC Publishing, LLC Testifying against Oneself  A confession is a voluntary statement admitting that one has committed a crime.  The Fifth Amendment protects individuals against self- incrimination. It says no person “shall be compelled in any criminal case to be a witness against himself.”  The Miranda rights protect individuals against coerced, or forced, confessions. They say the police must inform suspects of their right to remain silent and to have a lawyer present during questioning.

© EMC Publishing, LLC Rights of the Accused  The Sixth Amendment guarantees three rights of the accused: The right to a speedy and public trial, by an impartial jury The right to defend himself or herself The right to counsel for his or her defense  The Fifth Amendment protects against double jeopardy by saying that a person may not be put on trial twice for the same crime in the same government (federal or state).

© EMC Publishing, LLC Your Turn The Sixth Amendment states that accused people have the right to counsel for their defense. Today, wealthy people must pay for their own counsel, and poor people must receive counsel from the state. Do you think the state should appoint counsel for everyone, rich and poor? Explain your answer. a.Yes b.No

© EMC Publishing, LLC The Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (U.S. Constitution, Amendment VIII)  Bail: Money that an accused person must pay the court if he or she wants to be out of prison while waiting for trial  Preventive detention: Holding an accused person without bail out of concern that he or she will flee if released

© EMC Publishing, LLC Cruel and Unusual Punishment  The courts have a difficult time defining “cruel” and “unusual.”  Definitions vary from state to state.  Some states allow capital punishment, and others do not.  Capital punishment: The death penalty  Lethal injection and electrocution are generally considered less cruel than hanging and shooting.