Chapter 16 Constitutional Right to a Fair Trial

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Presentation transcript:

Chapter 16 Constitutional Right to a Fair Trial Subtitle

Constitutional Right before the trial All persons in the US are protected by law Individuals/Criminals have certain rights 5th +14th Amendments Due Process of the Law Procedural Due Process – fair procedures for handling cases Two steps in the Process 1. Notify the person of wrongdoing + government going to take action 2. Giving person the right to respond to the accusation

Criminal Justice Process Everything that happens to a person that commits a crime Arrest – prosecution – conviction – release Protect the accused Innocent until proven guilty, evidence is beyond a reasonable doubt Trials are fair and impartial Public trial Right to an attorney No to testify against yourself

Searches and Seizures 4th Amendment Protects American Citizens from illegal searches and seizures Government cannot engage in Unreasonable searches Unreasonable is up to debate… Search Warrant – legal document issued by a judge Probable Cause – reasonable belief to search someone

Searches without a Warrant Reasons/ Situations cops can search without a warrant Officer’s safety Stop and Frisk – suspicious behavior (protect themselves/bystanders) Allowed to search an arrested individual (weapons, evidence) Emergency or chasing a criminal. Searching a vehicle – contraband. Person volunteers for a search International borders or airports (people have accepted intrusion)

Exclusionary Rule Exclusionary Rule – evidence gathered illegally Mapp v. Ohio (1961) – Police entered a women’s home in CLE, OHIO stating they had a legal search warrant. Evidence was obtained and used in court No valid warrant existed… evidence cannot be used in court Exclusionary rule and a criminal If no evidence can be found against the person, they are allowed to go free. “Good Faith” – exception to the exclusionary rule Illegal evidence allowed if police were acting out of good faith and believed they had a valid warrant.

MAPP V. OHIO

Searches in Special Situations Searches in School New Jersey v. T.LO School officials do not need a warrant – need reasonable suspicion Suspicionless Searches Police do not need reasonable suspicion Airports, Border Patrol, Sobriety check points. Racial Profiling – individual is suspected of a crime, based on their profile/looks