Rights when arrested

Where do your rights come from? U.S. Constitution Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain. Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel Seventh Amendment – Civil trial by jury. Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

What are your due process rights? Fundamental fairness 14th Amendment – Equal protection Fair procedures during an investigation Miranda Rights

What are those rights? The right to cross examine witnesses The right to be represented by an attorney The right to a trial

What must occur for a person to be convicted? Evidence must establish guilt beyond a reasonable doubt This differs from civil litigation which requires a preponderance of evidence

When is a jury appointed? When the state prosecutor requests it. When the defendant requests it.

What is the crime if you are the lookout? Accomplice Intent is established by the fact you were looking out.

Corporations Vicarious liability to a crime: If an employee commits a crime while acting on behalf of the company

How can you escape criminal liability? Putting on a successful defense

What must the defendant produce to support any defense? Evidence to support any defense Witnesses to the contrary

Two types of defenses Procedural – Substantive Failure to be Mirandized Coerced confessions Substantive Proof the defendant could not have committed the crime Proof the defendant was not in the area