The Rights of the Accused and Constitutional Law Chapter 15.3

Where do our legal Rights Originate? English Common Law and the dual US Court system Precedents Stare decisis US Constitution & BOR Article I, section 9 rights Amendments 4-8, 14 Due Process: Legal procedures guaranteed to all 5th Amendment guarantees federal due process; the 14th Amendment incorporates this right to the states

4th Amendment What does the 4th Amendment protect citizens from? What does it take to get a search warrant? What case incorporated this right to states? Why is the exclusionary rule important? Define Discuss examples Discuss exceptions

5th Amendment This amendment is one of the most important to the rights of the accused: Due Process defined and guaranteed No self-incrimination Right to a grand jury No double jeopardy What case incorporated the right to remain silent to states? Why is this important?

6th Amendment What legal rights are found in the 6th Amendment? Right to a speedy, public trial (Klopfer v. NC) Seat an impartial jury Right to an attorney What case incorporated this right to states? Right to use and face witnesses Why is this important How does the court get people to appear? Right to know your charges

8th Amendment What rights are guaranteed under the 8th Amendment? Right to reasonable bail Define and discuss Right to reasonable fines Right to not be subjected to cruel and unusual punishments? Discuss debate surrounding the issue of capital punishment and methods

Extension of the Issues, p. 49 Go to my Symbaloo board and click on the orange tile labeled “Street Law.” Read about each case and answer the questions for p. 49. Be prepared to debate your position!

Must affirm previous speaker before giving your opinion. Philosophical Chairs Set up room. Take seats on your left for affirmative positions; right for negative positions; hot seat to lead the arguments. Must affirm previous speaker before giving your opinion.

Topic #1 Discuss Mapp v. Ohio case and questions. DEBATE: An individual’s rights are more important than the right’s of the community. CHAIRS

Topic #2 Discuss Miranda case and questions. DEBATE: The police should have to read a repeat suspect the Miranda warning every time an interrogation is conducted. CHAIRS

Topic #3 Discuss Gideon v. Wainwright case and questions. DEBATE: Taxpayers have an obligation to see that repeat indigent offenders have an attorney provided in all cases. CHAIRS

Assignment Read chapter 16.1. Complete the organizer and complete the chart for p. 50. Due tomorrow!