Defendants’ Rights Characterize defendants’ rights and identify issues that arise in their implementation

Defendants’ Rights  Searches and Seizures  Self-Incrimination  Right to Counsel  Trials  Cruel and Unusual Punishment

FIGURE 4.1: The constitution and the Stages of the Criminal Justice System

Searches and Seizures  Fourth Amendment Probable cause-good reason Search warrants Various cases, lots of exceptions to needing a warrant  Exclusionary rule Mapp v. Ohio (1961)- prevents the use of illegally obtained evidence

 War on terrorism USA Patriot Act (2001)- a law that gives the government new powers of surveillance to root out terrorists and prevent the planning and execution of terrorist attacks. Provisions of this law—such as wiretapping without a warrant—have been challenged as unconstitutional, but the Court has upheld them in the interest of national security so far.

Self-Incrimination  Fifth Amendment Burden of proof on prosecution- If you are accused of a crime, you cannot be compelled to testify against yourself, nor are you required to proclaim your innocence. You are innocent until the state proves that you’re guilty, without your assistance in that endeavor.  Miranda v. Arizona (1966) Right to remain silent Knowledge that what you say can be used against you Right to an attorney present during questioning Right to have an attorney provided if you cannot afford one

Criminal rights One of the most important principles of constitutional law is that defendants in criminal cases have rights. Police must have probable cause or a search warrant in order to conduct a legal search or seize incriminating evidence. Here police officers read the suspect his rights based on the Supreme Court’s decision in Miranda v. Arizona

Right to Counsel and Trials  Sixth Amendment right to attorney Gideon v. Wainwright (1963)-State must provide attorney for indigent  Habeas corpus Not held without charge  Speedy and public trial by impartial jury of your peers  War on terrorism- Gitmo

Guantánamo Bay prisoners The detainments at the naval base in Guantánamo Bay have raised issues concerning prisoners’ rights. They have been denied access to the courts and to counsel.

Right to Counsel and Trials  Plea bargaining- fewer than 10% of cases go to trial  Defendants also have the right to confront witnesses and to be informed of evidence that may exonerate them.  Jury size of 12 traditional Conviction must be unanimous

Cruel and Unusual Punishment  Eighth Amendment Incorporated in 1962 Prison overcrowding – cruel and unusual? Gregg v. Georgia (1976) Death penalty not cruel and unusual McCleskey v. Kemp (1987)- the Court rejected the argument that the death penalty violates the equal protection clause of the Fourteenth Amendment just because minority offenders and crimes involving white victims are more likely to result in a death sentence.

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FIGURE 4.2: Decline of executions

a.Fourth b.Sixth c.Fifth d.Eighth What amendment protects against self-incrimination?

a.Fourth b.Sixth c.Fifth d.Eighth