Rights of Criminal Suspects LG: I will analyze the constitutional rights of criminal suspects by evaluating the Supreme Court cases.

I. Unreasonable Searches & Seizures 4th amendment Constitution forbids “unreasonable” searches Requires a warrant Mapp v. Ohio, 1961: exclusionary rule- ruled evidence obtained unconstitutionally cannot be used in court against person(s) from whom it was seized

II. 5th Amendment Due Process of law Miranda v. Arizona, 1966: ruled no evidence could stand if evidence introduced at the trial had been obtained by the police during “custodial interrogation” unless read their rights 1. guarantee due process rights of the accused 2. Right to remain silent/no self-incrimination

14.6 Miranda The case of Ernesto Miranda ( on the right) led to the Supreme Court decision in 1966 requiring suspects in police custody to be advised of their constitutional right to remain silent and to have an attorney present during questioning.

Defendant Location Specific Warning Regarding Interrogations 1.You have the right to remain silent. 2.Anything you say can and will be used against you in a court of law. 3.You have the right to talk to a lawyer and have him present with you while you are being questioned. 4.If you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish one. Signature of Defendant ____________________ Date_________ Witness______________________ Time____________________

Double Jeopardy: prevents individuals from being tried again (if found innocent) Grand jury indictment: jurors decide if there is enough evidence to warrant a trial Plea bargains are used to plea for a lesser offense in return for not standing trial for a more serious charge E. Eminent Domain

III. 6th Amendment Right to counsel Speedy & Public Trial 1. Gideon v. Wainwright, 1963: right to counsel is a fundamental right applied to the states Speedy & Public Trial Impartial Jury Right to confront witness

IV. 8th Amendment Forbids cruel & unusual punishment Furman v. Georgia, 1972: requires consistency in the application of the death penalty Gregg v. Georgia, 1976: acceptance of the death penalty

14.6 FIGURE 14.3: Number of Executions by Year, 1968-2012 What factors might explain the decline in the number of executions beginning in 2000?

14.6 14.6 Which of the following is a formal written statement from a grand jury charging an individual with an offense? Subpoena Warrant Plea bargain Indictment What have you learned about protections for persons accused and convicted of crimes? Please answer this question.

14.6 14.6 Which of the following is a formal written statement from a grand jury charging an individual with an offense? Subpoena Warrant Plea bargain Indictment In law, an indictment is a formal accusation that a person has committed a crime. The right to have the charges reviewed for probable cause by a grand jury is secured by the 5th Amendment to the Constitution.