Civil Liberties: Due Process Rights of Accused Persons.

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Presentation transcript:

Civil Liberties: Due Process Rights of Accused Persons

4 th Amendment Searches and Seizures Warrants: Search and Arrest Must have probable cause, describe place, and persons or things seized EXCLUSIONARY RULE applies Selective Incorporation- 14 th Amendment Mapp v. Ohio: Extended exclusionary rule to evidence seized by state/local cops

5 th Amendment “Due Process” clause Grand jury for federal crimes No double jeopardy *No self-incrimination (“plead the 5 th ”) Due process of law for all *EXCLUSIONARY RULE applies Selective Incorporation: 14 th Amendment Miranda v. Arizona: “Miranda warning” protects suspects from unfair police interrogation

6 th Amendment Rights when on trial Speedy and public trial Impartial jury of peers Informed about charges Confront witnesses against you Attorney Selective Incorporation: 14 th Amendment Gideon v. Wainwright: extended right to public defense attorney to state trials

8 th Amendment No excessive bail or fines No cruel or unusual punishment

Your Rights Guaranteed by Constitution? Remain silent (5 th ) Be represented by lawyer (6 th ) Demand a writ of habeus corpus (6 th ) Speedy and public trial (6 th )

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