Chapter 14, Section 3 THE RIGHTS OF THE ACCUSED

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Presentation transcript:

Chapter 14, Section 3 THE RIGHTS OF THE ACCUSED Political Science

INTRODUCTION Challenge: dealing with crime and criminals while preserving individual rights CRIME: act against law or the state Founders: built into the Constitution and Bill or Rights a system of justice to guard the rights of both the accused and society

SEARCHES & SEIZURES Fourth Amendment: guarantees the rights of people to be secure in their persons, homes, papers, and effects while guarding their rights against unreasonable searches and seizures Probable cause – search warrant

Special situations: Police do not need a warrant to search or arrest someone they see breaking the law Police do not need a warrant to search garbage placed outside a home for pickup Certain kinds of drug tests

Exclusionary rule 1914: Court established “exclusionary rule” which states any evidence obtained illegally cannot be used in federal court Through the years, the rule has become applied to state courts – it has also been somewhat “relaxed”

Fourth Amendment in Schools 1985 New Jersey v. T.L.O. Ruling: School officials do not need warrants or probably cause to search students or their property Also, extended to mandatory suspicionless drug tests

SEARCH & SEIZURE (con’t) Wiretapping and Electronic Eavesdropping: Supreme Court considers such as “search and seizure” subject to Fourth Amendment consideration So, most wiretaps must have a court order

GUARANTEE OF COUNSEL SIXTH AMENDMENT: guarantees a defendant have the “assistance of counsel for his defense” Gideon v. Wainwright (1963): Supreme Court ruled that whenever a jail sentence of 6 months or more is possible, accused has a right to a lawyer at public expense

SELF-INCRIMINATION FIFTH AMENDMENT: no one can be compelled to be a witness against himself – protection against “self0incrimination” Also protects defendants against confessions extorted by force or violence Protects right to “remain silent”

Landmark Cases ESCOBEDO v. ILLINOIS (1964): Court ruled accused rights to remain silent (5th) and right to attorney (6th) must be maintained MIRANDA v. ARIZONA (1966): Court established strict rules for protecting suspects during police interrogation

DOUBLE JEOPARDY FIFTH AMENDMENT: no person shall be “twice put in jeopardy of life and limb” – “double jeopardy” However, distinction between “civil” and “criminal” – federal and state laws separate – single act may involve more than one crime

CRUEL AND UNUSUAL PUNISHMENT EIGHTH AMENDMENT: forbids “cruel and unusual punishment” Court has seldom ruled regarding this However, controversy over capital punishment (death penalty) has arisen