Constitutional Right to a Fair Trial

Slides:



Advertisements
Similar presentations
Assuring Individual Rights
Advertisements

Chapter 14, Section 3 THE RIGHTS OF THE ACCUSED
The American Legal System
Civil Liberties: Due Process Rights of Accused Persons.
Cases and Terms – Chapter 8 – Rights of the Accused Module 8 Amendments 4 -7.
Civil v. Criminal cases. Due process Constitutional protection from unfair laws and government action. Our government may not take away our lives, liberty,
15.3 The American Legal System
Objective 29L Analyze he rights of the accused as set forth in the 4 th,5 th,6 th,8 th, and 14 th Amendments, including but no limited to such cases as.
Winning, until proven guilty …. Searches and Seizures The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted.
Chapter 15.3 The American Legal System. Legal Protections in the U.S. Constitution  American colonists owed their rights to legal principles developed.
AP GOVERNMENT. CIVIL LIBERTIES  Civil Liberties are individual’s legal and constitutional protections against the government.  Although our civil liberties.
UNIT 5 AMERICAN GOVERNMENT. LESSON How do the 5 th, 6 th, and 8 th Amendments protect the rights within the judicial system. Objective: Explain.
Legal Rights The Constitution guarantees us our basic legal rights.
Rights of Criminal Defendants Are the due process rights and the procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments.
Procedural Criminal Law What are the constitutional rights of the accused?
Which of the five types of crimes are shown in the pie chart? Bell Ringer.
Criminal Procedure Arrest Arrest “First appearance” “First appearance” –Determine probable cause –Appoint lawyer –Set bail Preliminary hearing/information.
How have the decisions of the Supreme Court protected people accused of crimes? What rights are accused people guaranteed? Landmark Supreme Court Cases.
Topic 6 civil liberties and civil rights
Rights of Criminal Defendants
Chapter 20: Civil Liberties: Protecting Individual Rights Section 3.
Essential Questions: What rights are guaranteed to all Americans who are accused of crimes?
Essential Question How does the Constitution protect the rights of the accused?
BELLWORK What are the three types of crime? (Page 430)
How have the decisions of the Supreme Court protected people accused of crimes? What rights are accused people guaranteed? Landmark Supreme Court Cases.
Unit Question What is fair legal procedure for people accused of crimes?
“Ryan Rose, you are under arrest!” What rights do you have? Look it up.
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.
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.
“It is better to let 10 guilty people go free then that one innocent person be punished.” Innocent until proven guilty.
Defendants’ Rights Characterize defendants’ rights and identify issues that arise in their implementation.
Civil Liberties and Civil Rights
The American Legal System
Put this into your own words
Warm-up List 5 types of laws and give an example of each.
Law-Related Ch Notes The criminal justice process includes everything that happens from the arrest to the punishment of a defendant. I. Arrest:
The Rights of the Accused
Due Process Court Systems and Practices.
Civil Liberties: Protecting Individual rights
The Miranda Rights.
Supreme Court briefs.
CHAPTER 20: INDIVIDUAL FREEDOMS
Lesson 32: How Do the Fifth, Sixth, and Eighth Amendments Protect Rights Within the Judicial System?
Fundamentals of Business Law
Rights of Criminal Suspects
The American Legal System
Lesson 2 Other Bill of Rights Protections pg. 134
The Criminal Justice System
Constitutional Rights Before a trial
Criminal Justice U.S. Constitution Unit Hermitage Tech Center
AGENDA Turn in written assignment Quick Review Current News Finish up with Due Process Class exercise.
Chapter 16 Constitutional Right to a Fair Trial
Trial Rights GOVT Notes 5-4.
Citizens and the Law Civics Ch. 15.
DUE PROCESS.
15.3 The American Legal System
Trial Rights GOVT Notes 5-4.
Bellringer #4 Several European countries have gotten rid of capital punishment (death penalty) entirely while the U.S. has not. Do you believe that the.
Chapter 20: Civil Liberties: Protecting Individual Rights Section 3
The 5th and 14th Amendments
Complete your 2nd Amendment Ad and Prepare to Present!
FOURTH AMENDMENT “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
If you have not already shown me Miranda vs
Civics & Economics – Goals 5 & 6 The us legal system
Defendants’ Rights Edgenuity Lessons 3.4 and 3.5.
Rights of the Accused.
The American Legal System
The Judicial Branch Chapter 18.
DUE PROCESS.
Presentation transcript:

Constitutional Right to a Fair Trial Chapter 16

Key Terms – Chapter 16 Acquittal Miranda Rights Capital Punishment Plea Bargain Contraband Probable Cause Counsel Search Warrant Double Jeopardy Self-Incrimination Espionage Treason Ex Post Facto Clause Exclusionary Rule Indigent

Constitutional Rights Before Trial Lesson 1

Rights of the Accused in a Democracy Even people charged with or convicted of a crime have constitutionally protected rights. Procedural due process protects the rights of the accused in criminal cases. Procedural due process requires notifying a person of a criminal accusation and allowing a response. Several safeguards protect the rights of a person throughout the criminal justice process.

Searches and Seizures The Fourth Amendment protects Americans from unreasonable government searches and seizures. Police may obtain a search warrant if they can demonstrate probable cause to suspect a crime. There are situations in which a warrant is not required to search a person, or their belongings. Arrest is considered a seizure and requires a warrant or probable cause, but police may stop and question people. The exclusionary rule is not in the Fourth Amendment and is highly controversial. (Mapp v. Ohio, 1961)

Special Issues in Search and Seizure The Fourth Amendment rights of students are limited. At international borders and sobriety checkpoints, searches may be made without individual suspicion. Racial profiling is inappropriate but using race as part of a description is acceptable.

Interrogations The Fifth Amendment protects people from self-incrimination. The Sixth Amendment ensures people the right to an attorney. Escobedo v. Illinois, 1964 A confession cannot be used in court if it is not voluntary and trustworthy. The Miranda rights require police to inform suspects in custody of their rights before questioning. Miranda v. Arizona, 1966

Constitutional Rights at Trial Lesson 2

Presumption of Innocence The judge or jury must regard the defendant as innocent until the government proves guilt. To prove guilt in a criminal trial, each element must be proven beyond a reasonable doubt. Guilt must be proven, not innocence. A defendant’s rights are protected by the Fifth and Sixth Amendments.

Right to a Jury Although defendants have a right to a jury trial, most settle with a plea bargain. The Supreme Court has approved the process of plea bargaining. Many defendants waive their right to a jury trial. Prospective jurors cannot be excluded solely because of their race, gender, or national origin.

Right to an Attorney At first, only defendants who could afford an attorney had legal counsel. Questions arose in Powell v. Alabama, 1932 In 1938, the Supreme Court ruled that federal courts must provide attorneys for indigent defendants. Further clarified in Betts v. Brady, 1942 In Gideon v. Wainwright, 1963, this right was extended to felony defendants in state courts. The right to the assistance of counsel is basic to the idea of a fair trial.

Other Rights at Trial The Sixth Amendment provides the right to a speedy and public trial in all criminal cases. Defendants often waive their right to a speedy trial. Defendants have the right to confront and cross-examine the witnesses against them. Defendants cannot be forced to testify against themselves in a criminal trial.

The Juvenile Justice System In the United States, juveniles in trouble with the law are treated differently from adults. Juveniles may be taken into custody for status offenses such as running away and truancy. The Supreme Court has ruled that juvenile cases do not require public or jury trials. Juveniles may be tried in adult courts under exceptional circumstances.

Constitutional Rights after a Trial Lesson 3

Purposes and Types of Punishment When a defendant is found guilty, a judge usually decides the sentence, or punishment. Purposes of sentences include retribution, deterrence, rehabilitation, restitution, and incapacitation. The ex post facto clause prevents punishment for actions that were not a crime when they occurred. Disproportionate incarceration challenges the basic assumption of the fairness of the law.

Cruel and Unusual Punishment The Eighth Amendment prohibits “cruel and unusual punishment.” Three-strikes laws typically impose automatic, lengthy sentences for a person’s third serious offense. Capital punishment is the most controversial sentence given to defendants. Mandatory sentences of life in prison without parole are unconstitutional for juveniles.

Rights After a Conviction or Acquittal The Fifth Amendment protects against double jeopardy. A defendant can apply for a writ of habeas corpus to challenge his or her imprisonment. Habeas corpus serves as an important safeguard against arbitrary or unjustified imprisonment.