Rights of the Accused Precedents in these cases are key: What does the majority opinion say? (Most criminal cases do not go to trial – most end with a.

Slides:

Advertisements

Similar presentations

American Constitutional Law LAW-210

Advertisements

The Fourth and Fifth Amendments How do they protect our rights?

Other Landmark Supreme Court Cases

SUPA Forensic science September 20,  Both the Federal Government and New Jersey establish criminal laws  The United State Code U.S.C.A.  Title.

CRIMINAL JUSTICE SYSTEM

RIGHTS OF THE ACCUSED. I. OVERVIEW A. Due Process: The government, in whatever it does, must act fairly and follow established rules. 1.5 th Amendment:

Winning, until proven guilty …. Searches and Seizures The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted.

4 th & 5 th Amendment Rights BR: Are your privacy rights at risk today?

Let’s Break it Down Protection against UNREASONABLE searches and seizures Must have probable cause Must have a warrant.

Rights of Criminal Defendants Are the due process rights and the procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments.

The Bill of Rights The First Fundamental Changes of the Constitution.

Rights of the Accused Search & Seizure Search & Seizure Right Against Self Incrimination Right Against Self Incrimination Right to Counsel Right to Counsel.

Crime and Due Process. There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question.

 What is the exclusionary rule  Explain stop and frisk  What is the plain view doctrine  What did Miranda v Arizona require police to do  What happens.

Katz v United States (1967) By Timothy Vo. Constitutional Issue Violation of fourth amendment Litigants Katz, United states Fourth amendment protect people.

Homework: Read/OL 14.3 for Monday FrontPage: Have 3 worksheets on your desk.

How have the decisions of the Supreme Court protected people accused of crimes? What rights are accused people guaranteed? Landmark Supreme Court Cases.

Rights of Criminal Defendants

The 4 th amendment. The 4 th amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported.

Essential Question How does the Constitution protect the rights of the accused?

The Fourth Amendment COURT CASES. What does the Fourth Amendment say? The right of the people to be secure in their persons, houses, papers, and effects,

How have the decisions of the Supreme Court protected people accused of crimes? What rights are accused people guaranteed? Landmark Supreme Court Cases.

Rights of the Accused. 1. Arrest With a warrant: a) based on probable cause b) warrant obtained from a judge presented with probable cause With a warrant:

The Criminal Justice System. Arrest Procedure The Arrest: To arrest a person the police must have probable cause. (reason to believe that criminal activity.

 Sobriety Checkpoints - Stop every car/ done as a safety factor/ ok to do, because they stop everyone  Border Crossing : Dealing with national safety.

Land Mark Supreme Court Cases Assignment

“Ryan Rose, you are under arrest!” What rights do you have? Look it up.

Quote of the Day: “School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under.

DUE PROCESS. Procedural Due Process v. Substantive Due Process Procedural follows a set procedure, the same for all the accused Such as counsel, unreasonable.

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

Criminal Prosecution Process May 5, Arrest Police officers arrest suspects when in their professional judgment they believe that a crime has been.

LECTURE 4: THE CONSTITUTION AND DUE PROCESS. The Constitution and Due Process The US Constitution set out how US laws are passed and enforced. – The legislative.

Rights to Life, Liberty, & Property  Property Rights Contract Clause Police Powers- “health, safety, and welfare” Eminent Domain & the Takings Clause.

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

Criminal Prosecution Process

Warm-up List 5 types of laws and give an example of each.

Landmark Supreme Court Cases:

Landmark Supreme Court Cases:

Law-Related Ch Notes The criminal justice process includes everything that happens from the arrest to the punishment of a defendant. I. Arrest:

Landmark Supreme Court Cases:

The Judicial Branch and The Law Day 4

Landmark Supreme Court Cases:

Supreme Court briefs.

Fundamentals of Business Law

Enforcement of Fourth Amendment Protections Is a man’s home his castle

By Michael Cleary Period 8 10/3/13 College Business Law Mr. Como

Rights of Criminal Suspects

Criminal Prosecution Process

Do They Have The Right?.

Judicial Branch Rohan Moorjani, Andrea Peralta, Calvin Loebrich, Kevin Coffee, Sienna Gavino.

Constitutional Right to a Fair Trial

Constitutional Rights Before a trial

Steps of a Crime.

Landmark Supreme Court Cases:

LANDMARK SUPREME COURT CASES:

Rights of the Accused Amendments 4, 5, 6, 8.

15.3 The American Legal System

Agenda- 1/25 Grab a chrome book and the worksheets!

Thinker The first ten amendments are also known as:

2.2 Civil Liberties 4th 5th, 6th, and 8th Amendments.

The Rights of the Accused and Constitutional Law Chapter 15.3

Chapter 20: Civil Liberties: Protecting Individual Rights Section 3

Defendants’ Rights Edgenuity Lessons 3.4 and 3.5.

The Warren Court AP US History.

Constitutional Rights: Protections and Limitations

AMENDMENTS U.S. Bill Of Rights.

Do Now: a) Finish up Rights Movement Packet b) Earl Warren Background

The 4th, 5th, and 6th Amendments

Presentation transcript:

Rights of the Accused Precedents in these cases are key: What does the majority opinion say? (Most criminal cases do not go to trial – most end with a plea bargain.) Lower courts, police and legislators are bound to follow these opinions. (COMMON LAW)

What level of privacy is expected? (Katz vs. US, 1967) (phone booth) 4th Amendment: Search and Seizure KEY QUESTIONS: What level of privacy is expected? (Katz vs. US, 1967) (phone booth) Is there probable cause or reasonable suspicion? Garbage = okay Roadblocks = okay (random) Aerial Search = okay Know…. How and why the police obtain a warrant. Exceptions to the warrant requirement.

You decide (Bond v. US, 2000) (7 to 2) Facts: Border Patrol Agent Cantu boarded a bus in Texas to check the immigration status of its passengers. As he walked off the bus, he squeezed the soft luggage which passengers had placed in the overhead storage space. He squeezed a canvas bag above petitioner's seat and noticed that it contained a "brick-like" object. Petitioner admitted owning the bag and consented to its search, Agent Cantu discovered a "brick" of methamphetamine. Petitioner was indicted on federal drug charges. He moved to suppress the drugs, arguing that Agent Cantu conducted an illegal search of his bag. The District Court denied the motion and found petitioner guilty. The Fifth Circuit affirmed the denial of the motion, holding that Agent Cantu's manipulation of the bag was not a search under the Fourth Amendment.

Miranda v. Arizona, 1966 5th, 6th and 14th Amendments

Gideon v. Wainwright, 1963 (9 to 0) 6th and 14th Amendments Precedent: guarantees counsel for all persons facing a felony in federal or state courts (RIGHT TO A FAIR TRIAL)