Explain the role of the Bill of Rights Objective 5.13 Explain the role of the Bill of Rights in protecting the rights of the accused.
I want to get out of here. I’ll appeal my case. right to appeal
right to appeal 1 (5) the accused person has the right to a “review” of his trial by the next higher court
the higher court does not give you another trial right to appeal the higher court does not give you another trial the higher court decides if the trial was fair
right to appeal Example: taking a case upward through the state courts and then to the U.S. Supreme Court
protection from unreasonable searches and seizures My name is …... protection from unreasonable searches and seizures
no unreasonable searches and seizures search warrants must be obtained from the court
Remember “probable cause”
freedom from self incrimination
freedom from self incrimination no one can be forced to testify against himself
But……… how about in a juvenile court????
innocent until proven guilty
innocent until proven guilty a person who has been indicted is not considered guilty until the petit jury decides he is guilty
innocent until proven guilty When “tried” the verdict will be either “GUILTY” or “NOT GUILTY” “innocent” is not a verdict.
indictment by grand jury
indictment by grand jury Is there enough evidence? no one shall be put on trial without being formally accused (indicted) first evidence grand jury
indictment by grand jury an indictment says that the grand jury believes there is enough evidence suggesting you possibly committed a crime
right to an attorney
accused persons are entitled to have a lawyer right to an attorney accused persons are entitled to have a lawyer
“Gideon vs. Wainwright” right to an attorney U.S. Supreme Court ruled that if an accused person cannot afford a lawyer the government will appoint one for them, and pay the fees “Gideon vs. Wainwright”
right to know the charges
right to know the charges the accused must be told the exact charges against him
* speedy trial
speedy trial accused person is scheduled a trial which must not be drawn out unless by due process
the trial must be public and have an impartial jury speedy trial the trial must be public and have an impartial jury the trial should be held in the same area where the crime took place
right to question witnesses in open court
question witnesses in open court the accused has the right to hear and question all witnesses against him
question witnesses in open court permitted to call witnesses in their own defense
prevention of cruel and unusual punishment * prevention of cruel and unusual punishment
no cruel and unusual punishment punishment for a crime shall NOT be unreasonably severe
no cruel and unusual punishment punishment should fit the crime
no cruel and unusual punishment Example: branding someone for stealing
prohibition against excessive bail
prohibition against excessive bail bail for a crime shall NOT be unreasonably high
prohibition against excessive bail bail is based on type of crime committed and the background of the suspect
prohibition against excessive bail Example: charging someone $1,000 bail for stealing candy from a store.