14.2 & 14.3 Rights of the Accused.

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Presentation transcript:

14.2 & 14.3 Rights of the Accused

Important to remember that.. When the government accuses someone of a crime... They still have rights! Innocent until proven guilty.

Rights of the Accused I. Congress Cannot Use: A. Bills of Attainder 1. Congress can't pass laws targeting a single individual! B. Ex Post Facto Laws 1. Can't punish people for crimes that were legal at the time. C. Self-Incrimination 1. You cannot be forced to present evidence that hurts you. 2. Miranda Rights

Miranda Rights

What Rights do I have Mr. Preisse? II. Rights of the Accused A. Writ of Habeas Corpus 1. If you are arrested and put in jail, you must be brought to trial. 2. Can only be suspended in “areas of rebellion” or during “invasion”

Rights of the Accused B. Grand Juries 1. People who decide whether someone should be brought to trial.

Ensuring Fair Trials C. Fair Trial. 1. Speedy Trial a. Time between arrest and trial must be reasonable i. Accused can also get out on bail during wait.

Ensuring Fair Trials D. Trials are Public affairs E. Trial by Jury. 1. Makes sure courts are not abusive. 2. Allows citizens to see justice at work. E. Trial by Jury. 1. You get judged by your peers. 2. Change of Venue a. Accused can ask to have a trial in a different community.

Ensuring Fair Punishment F. Fair Punishment 1. 8th Amendment protects people from “Cruel and Unusual Punishment”. a. What is “Cruel and Unusual”?

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